Dhillon v. John Muir Health
Dhillon v. John Muir Health
Opinion
*1112 As a general rule, a litigant may appeal an adverse ruling only after the trial court renders a final judgment. (Code Civ. Proc., § 904.1.) The question in this case concerns the application of this general rule when a trial court has granted a petition for writ of administrative mandamus and remanded the matter for proceedings before an administrative body. The issuance of the writ did not definitively resolve the dispute between the parties, but it did mark the end of the writ proceeding in the trial court. Is the court's order an appealable final judgment? We conclude that it is, and we reverse the contrary judgment of the Court of Appeal.
I.
Plaintiff Jatinder Dhillon is a thoracic surgeon with clinical privileges at two San Francisco Bay Area hospitals owned and operated by defendant John Muir Health (John Muir). In October 2011, one of Dr. Dhillon's colleagues lodged a complaint against him, claiming that he had been *121 verbally abusive and physically aggressive toward her during an administrative meeting. Dr. Dhillon denied the allegations and requested that John Muir appoint an ad hoc committee of physicians from both hospital campuses to look into the matter. John Muir complied. After an investigation, the committee submitted a report to a joint medical executive committee (MEC) for both hospitals. It concluded that neither Dr. Dhillon nor the complaining doctor had behaved in a professional manner, and it recommended that the two doctors either meet with a mediator to resolve their differences or attend an anger management program. At a joint meeting held in June 2012, the MEC unanimously voted to require both doctors to attend a specified anger management class within eight months.
Dr. Dhillon refused to attend, asserting that the requirement that he participate in the anger management class was "unfounded and unfair." In July 2013, John Muir sent Dr. Dhillon a letter informing him that the MEC had concluded that if he did not attend the class within one month, his clinical privileges would be suspended for "a period of just under 14 full days." Dr. Dhillon requested a hearing with John Muir's judicial review committee (JRC). John Muir replied that Dr. Dhillon was not entitled to such a hearing.
**1050 In September 2013, Dr. Dhillon filed a petition for writ of administrative mandamus in the Contra Costa Superior Court, naming John Muir and its board of directors as respondents. As later amended, the petition alleged that John Muir had violated its bylaws by imposing the discipline without a *1113 hearing before the JRC. He asked the trial court to order a hearing before the JRC or some other appropriate body, to direct John Muir to vacate its imposition of discipline, to find that John Muir's bylaws "violate due process and are unenforceable where the [resulting] discipline affect[s] the accused Practitioner's clinical reporting and disclosure requirements," to order John Muir not to make disparaging comments about Dr. Dhillon regarding the matter, and to authorize Dr. Dhillon to file suit against John Muir for damages.
The superior court granted the writ petition in part. It concluded that John Muir's bylaws entitled Dr. Dhillon to a hearing before the JRC or another appropriate body and that "he was deprived of ... due process when John Muir ... suspended his clinical privileges ... without providing him a hearing." It issued a peremptory writ directing John Muir to conduct such a hearing. In all other respects the court denied the petition for administrative mandamus.
John Muir filed a notice of appeal. It also filed a petition for writ of mandate and/or prohibition in the Court of Appeal, challenging the trial court's ruling. After soliciting informal opposition from Dr. Dhillon, the Court of Appeal summarily denied the writ petition. On the same day, it issued an order in John Muir's appeal directing the parties to brief the question whether the trial court's order directing John Muir to conduct a hearing was appealable. After reviewing the parties' briefs, the Court of Appeal issued an order dismissing the appeal. The order explained: "The superior court's order remanding the matter to John Muir Health is not a final, appealable order. (See
Board of Dental Examiners v. Superior Court
(1998)
*122
The Court of Appeal's dismissal order deepened a long-standing conflict concerning the appealability of a trial court's order, on a petition for writ of administrative mandamus, remanding the matter for further proceedings before the administrative body. California cases have uniformly held that a trial court's complete denial of a petition for administrative mandamus is a final judgment that may be appealed by the petitioner. (
JKH Enterprises, Inc. v. Department ofIndustrial Relations
(2006)
In one line of cases, on which the Court of Appeal in this case relied, courts have stated that a trial court's order on administrative mandamus remanding the matter for further administrative proceedings is not an appealable final judgment. (
Gillis v. Dental Bd. of California
,
supra
, 206 Cal.App.4th at p. 318,
**1051
Board of Dental Examiners v. Superior Court
,
supra
, 66 Cal.App.4th at p. 1430,
In another line of cases, courts have stated that a trial court's order on administrative mandamus remanding the matter for further administrative proceedings is appealable. (
Quintanar v. County of Riverside
(2014)
We granted review to resolve this division of authority.
The administrative mandamus statute, Code of Civil Procedure section 1094.5, authorizes judicial review of final administrative decisions resulting from hearings that are required by law. In determining whether to grant a writ of administrative mandamus, the trial court is instructed to consider "whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion." ( Id ., subd. (b).)
In general, an adverse ruling in a judicial proceeding is appealable once the trial court renders a final judgment. (Code Civ. Proc., § 904.1, subd. (a) ;
Morehart v. County of Santa Barbara
(1994)
The question before us is therefore whether the trial court's order in this case was a final judgment. We have previously recognized that a judgment is final, and therefore appealable, " ' "when it terminates the litigation between the parties on the merits of the case and leaves nothing to be done but to enforce by execution what has been determined." ' " (
Sullivan v. Delta Air Lines, Inc.
(1997)
Like the high court in
Finkelstein
, we do not here undertake to answer "the broad question whether remands to administrative agencies are always immediately appealable." (
Finkelstein
,
supra
, 496 U.S. at p. 623,
In its order, the superior court either granted or denied each of Dr. Dhillon's claims. Agreeing with Dr. Dhillon's reading of John Muir's bylaws, the trial court set aside the discipline John Muir had imposed and remanded with instructions to hold a hearing before the JRC or another
*1117
appropriate body. The court did not reserve jurisdiction to consider any issues. (Cf.
City of Los Angeles v. Superior Court
(2015)
Dr. Dhillon argues that even if the trial court's remand order was an appealable final judgment, John Muir has already received the functional equivalent of an appeal. He explains that following the trial court's
**1054
order, John Muir filed a writ petition challenging the trial court's remand order, with respect to which the Court of Appeal issued a
Palma
notice (
Palma v. U.S. Industrial Fasteners, Inc.
(1984)
We reverse the order of the Court of Appeal dismissing John Muir's appeal, and we remand the matter to that court with directions to reinstate the appeal.
We Concur:
Cantil-Sakauye, C.J.
Werdegar, J.
Chin, J.
Corrigan, J.
**1055 Liu, J.
Cuéllar, J.
In an opinion not cited by the Court of Appeal in this case or by any of the authorities on which that court relied,
Kumar v. National Medical Enterprises, Inc.
(1990)
To the extent that
Gillis v. Dental Bd. of California
,
supra
, 206 Cal.App.4th at page 318,
Dr. Dhillon argues that the trial court's order here was not a final judgment because it was not a "judgment" as that term is defined by subdivision (f) of Code of Civil Procedure section 1094.5, which states: "The court [in an administrative mandamus action] shall enter judgment either commanding respondent to set aside the order or decision, or denying the writ. Where the judgment commands that the order or decision be set aside, it may order the reconsideration of the case in light of the court's opinion and judgment and may order respondent to take such further action as is specially enjoined upon it by law, but the judgment shall not limit or control in any way the discretion legally vested in the respondent." Dr. Dhillon reasons that under this provision, a court adjudicating an administrative mandamus petition may issue only three kinds of judgments: (1) it may command the respondent to set aside the order or decision; (2) it may deny the writ, or (3) it may command the respondent to set aside the order or decision and reconsider the case, taking further action as required. Here, he asserts, the trial court's order fell into none of these categories.
Assuming that subdivision (f) of Code of Civil Procedure section 1094.5 defines a "judgment" for the purposes of determining whether an order in an administrative mandamus proceeding is an appealable final judgment, Dr. Dhillon's argument nevertheless lacks merit. Although the order did not explicitly set aside the discipline imposed on Dr. Dhillon, that consequence was implicit in the trial court's determination that Dr. Dhillon was entitled to further administrative proceedings before he could be disciplined. By commanding John Muir to conduct those proceedings, the trial court necessarily set aside John Muir's order imposing the discipline. (See
Griset
,
supra
, 25 Cal.4th at p. 698,
Federal courts have similarly held that a federal district court's order remanding a matter to an administrative agency is appealable when the order is effectively unreviewable after resolution of the merits of the controversy. (E.g.,
Chuga
c
h Alaska Corp. v. Lujan
(9th Cir. 1990)
This practical consideration distinguishes this case from
Kumar
,
supra
,
Reference
- Full Case Name
- Jatinder DHILLON, Plaintiff and Respondent, v. JOHN MUIR HEALTH Et Al., Defendants and Appellants.
- Cited By
- 39 cases
- Status
- Published