Volpicelli v. Jared Sydney Torrance Memorial Hosp

In Volpicelli v. Jared Sydney Torrance Memorial Hosp. (1980) 109 Cal.App.3d 242, a physician who had been on staff at the hospital for 18 years, had his membership " 'deleted.' " (Volpicelli, supra, 109 Cal.App.3d at p. 246.) He filed suit over two years later and the trial court granted a preliminary injunction, concluding that the physician should have been afforded notice and hearing before his termination and that he should be reinstated. (Id. at pp. 246-247.) In affirming the trial court, the majority rejected the defendants' contention that an injunction should not have been granted because injunctive relief is not permitted in the case of a "completed act." (Id. at p. 250.) It noted that there is an exception to this rule where "the wrongful acts are continued or repeated." (Ibid.) And the majority of the court held that the record showed that after the plaintiff's termination, the hospital engaged in a "continued . . . course of conduct" to exclude him. (Id. at p. 251.) Significantly, the court did not expressly find that under the circumstances, reinstatement by court order would constitute a prohibitory injunction. Rather, the appellate court--in observing that the preliminary injunction did not constitute an adjudication on the merits and that the plaintiff's reinstatement might end up being short-lived--noted: "If the defendants provided the notice and hearing in compliance with the mandatory preliminary injunction, and if, as they assert, the plaintiff's right to relief at the hearing is extremely doubtful, the plaintiff will only have been reinstated to staff membership for an extremely short period of time." (Id. at pp. 251-252.)