Facts

On June 30, 2011, plaintiff Gary L. Greenberg, an anesthesiologist entered into a contract with defendant Staff Care, Inc., a healthcare staffing agency. Under the contract entitled "Provider Services Agreement" plaintiff agreed to provide medical services to hospitals that were under contract with defendant. Pursuant to the agreement, plaintiff was assigned to work at Contra Costa Regional Medical Center. However, plaintiff's assignment was terminated after CCRMC's Chair of Anesthesiology, Jeffrey Saadi complained of plaintiff's performance. Plaintiff sued defendants Staff Care, Inc., CCRMC and Saadi for breach of contract.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant breached the "Provider Services Agreement."

DEFENDANTS' CONTENTIONS: Defendant denied plaintiff's contentions. First, defendant contended that plaintiff failed to identify the provision in the "Provider Services Agreement" that plaintiff claimed defendant breached. Second, defendant argued that plaintiff's termination was predicated upon plaintiff's incompetency, which was a condition in the agreement that warranted removal and termination. Defendant provided evidence that plaintiff failed to focus on patient care. Finally, defendant contended that plaintiff was not an intended third party beneficiary to the contract between CCRMC and defendant.

Result

Defendant Staff Care, Inc.'s motion for summary judgment was granted.