Ghobrial v. Long Beach Memorial Medical Center CA2/3

California Court of Appeal Dec 3, 2025 No. B336888Unpublished

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Holding. The court held that the appellant forfeited his constitutional challenges to the preliminary injunction by failing to raise them in the trial court.

Issues

Whether the preliminary injunction constitutes an unconstitutional prior restraint on speech.
Whether the preliminary injunction is unconstitutionally overbroad.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We hold that Dr. Ghobrial forfeited his contentions, and we therefore affirm the order.”

“Dr. Ghobrial, however, never argued below that the injunction was a prior restraint on his speech or overbroad.”

“Thus, to the extent we might have discretion to consider his constitutional claim, we decline to do so.”

Filed 12/3/25 Ghobrial v. Long Beach Memorial Medical Center CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

GERGIS R. GHOBRIAL, B336888

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 20STCV42444) v.

LONG BEACH MEMORIAL MEDICAL CENTER, et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory Keosian, Judge. Affirmed. Cliff Dean Schneider for Plaintiff and Appellant. Godes & Preis, Joseph M. Preis, Oliver B. Dreger for Defendant and Respondent Long Beach Memorial Medical Center. Gordon Rees Scully Mansukhani, Debra Ellwood Meppen, Raymond Gill, and Darryl C. Hottinger for Defendants and Respondents Surgical Affiliates Management Group, Inc., Acute

Care Surgery Medical Group, Inc., Wei Loong G. Koh, M.D., and Lynette A. Scherer, M.D. _________________________ Plaintiff and appellant Dr. Gergis Ghobrial sued his former employer and related parties for employment-related claims. Defendants and respondents Long Beach Memorial Medical Center, Surgical Affiliates Management Group, Inc., Acute Care Surgery Medical Group, Inc., Dr. Wei Loong Koh, and Dr. Lynette Scherer obtained a preliminary injunction against Dr. Ghobrial enjoining him from contacting patients.1 Dr. Ghobrial appeals, contending that the injunction is an unconstitutional prior restraint on speech and overbroad. We hold that Dr. Ghobrial forfeited his contentions, and we therefore affirm the order. BACKGROUND I. Dr. Ghobrial’s complaint Dr. Ghobrial, a trauma surgeon, initiated this action in November 2020. His operative fourth amended complaint alleged causes of action for retaliation for complaints regarding patient safety (Health & Saf. Code, § 1278.5), retaliation for disclosing violations of law (Lab. Code, § 1102.5), harassment on the basis of national origin (Gov. Code, § 12940), wrongful discharge in

Ghobrial v. Long Beach Memorial Medical Center CA2/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

GERGIS R. GHOBRIAL, B336888

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