same underlying facts as the writ petition. However, plaintiff asserts that these allegations concerning the peer review proceeding were made for different purposes. With respect to the antitrust violations alleged in the fourth cause of action, plaintiff contends the peer review proceedings were one of a series of anticompetitive actions taken by defendants which began two years earlier. As to the remaining causes of action, plaintiff again argues that the peer review proceedings were but one of a series of actions by which the defendants interfered with his business relations and caused him emotional distress. Plaintiff contends the other alleged actions "which occurred outside of the peer review proceedings at Mercy are sufficient to support these causes of action."
(4) California courts employ the "primary rights" theory to determineErred in Awarding Defendants Attorney Fees and Costs


A. The judgment awarding attorney fees entered December 27, 1988.

After defendants submitted memoranda of costs requesting attorney fees under 42 United States Code section 1988, plaintiff moved to tax costs. This motion was denied on December 16, 1988. Plaintiff filed a motion for reconsideration of the order on December 22, 1988. The judgment awarding attorney fees and costs was entered on December 27, 1988.
The hearing on plaintiff's motion for reconsideration was held on January 30, 1989. However, the court did not rule on the motion until April 26, 1989. The court granted plaintiff's motion at that time and ordered defendants to resubmit their itemized statements of attorney fees. On June 14, 1989, the court denied plaintiff's motion for reconsideration. Plaintiff filed