Pinsker v. Pacific Coast Society of Orthodontists

In Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541, the high court held that where the dentist was entitled to and did not receive a fair procedure in connection with his application for membership in the orthodontist society, the error could not be cured by ordering a full court hearing on the merits. (Id. at pp. 556-557.) Rather, the applicant was entitled to a ruling by the association pursuant to a fair procedure. (Id. at p. 557.) The court observed, "We believe as a matter of policy that the association itself should in the first instance pass on the merits of an individual's application rather than shift this burden to the courts. For courts to undertake the task 'routinely in every such case constitutes both an intrusion into the internal affairs of private associations and an unwise burden on judicial administration of the courts.' " (Ibid.)