Appeal Filed in Hospital Dispute

Community Memorial Hospital has filed an appeal with the California Supreme Court in its ongoing legal battle to keep paying patients from being treated at Ventura County Medical Center.

The private nonprofit hospital filed its application for a hearing with the high court Monday, said John McDermott, an attorney for Community Memorial. The court has 90 days to respond.

The 2nd District Court of Appeal in Ventura upheld a lower court ruling last month that the county hospital’s treatment of private patients--including county employees--is not unfair competition as alleged. It also ruled that state statutes against unfair competition do not apply to county hospitals.

But McDermott said that if the court is going to allow government to compete, then it must also force it to abide by laws applied to private industry.

County attorneys counter, however, that the intent of state law is to give people the freedom to choose between hospitals.

Noel Klebaum, assistant county counsel, said that the state Supreme Court rejects the vast majority of appeal applications it receives and expects that will be its response to Community Memorial’s case.

“Their chances are very slim,” he said. “There aren’t sufficient grounds for review.”