Legal Opinion · Dissent

Ezekial v. Winkley

California Supreme Court

Decided December 9, 1977No. L.A. 30729Published

1Dissent

*280MOSK, J.

I dissent.

I fear my learned colleagues in the majority are extending the amorphous common law right to “fair procedure” far beyond any previous contemplation. In so doing they create a cumbersome burden on employer-employee contractual relations, substitute judicial rather than professional determination of professional qualifications, and potentially affect the ability of medical institutions to provide the type of care they desire for their own patients.

In his third amended complaint, the plaintiff alleged three causes of action. In the first he sought injunctive relief; in the…

2Cases cited11 opinions

  1. Ybarra v. SpangardCalifornia Supreme Court · 1944
  2. James v. Marinship Corp.California Supreme Court · 1944
  3. Westlake Community Hospital v. Superior CourtCalifornia Supreme Court · 1976
  4. Willis v. Santa Ana Community Hospital Ass'nCalifornia Supreme Court · 1962
  5. Marin v. JacuzziCalifornia Court of Appeal · 1964

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