Ezekial v. Winkley

Opinion

RICHARDSON, J.

In this case we consider whether a surgical resident in a private teaching hospital must be accorded notice of charges *270and an opportunity to respond, pursuant to the “common law right of fair procedure” (Pinsker v. Pacific Coast Society of Orthodontists (1974) 12 Cal.3d 541, 555 [116 Cal.Rptr. 245, 526 P.2d 253] (Pinsker II)), prior to dismissal from the residency program. We conclude that “fair procedure” principles are applicable to the facts pleaded herein. We therefore reverse the judgment of dismissal and remand with directions to overrule the demurrer to the first…