Preview
1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP
NORMAN B. BLUMENTHAL (SBN 068687)
2 KYLE R. NORDREHAUG (SBN 205975)
APARAJIT BHOWMIK (SBN 248066)
3 PIYA MUKHERJEE (SBN 274217)
VICTORIA B. RIVAPALACIO (SBN 275115)
4 2255 Calle Clara
La Jolla, CA 92037
5 Tel: 858.551.1223
Fax: 858.551.1232
6 norm@bamlawca.com
7 Attomeys for Plaintiff
ANDREA SPEARS
8
SETAREH LAW GROUP
9 SHAUN SETAREH (SBN 204514)
shaun@setarehlaw.com
10 9454 Wilshire Blvd., Suite 907
Beverly Hills, CA 90212
11 Telephone: (310) 888-7771
12 Attomeys for Plaintiff
TOMAS R. ARANA
13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
COUNTY OF SACRAMENTO
15
ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560-
16 of herself and on behalf of all persons similarly CU-OE-GDS
situated,
17 Plaintiff, [PROPOSED] ORDER GRANTING
CLASS CERTIFICATION
18
Original Complaint Filed: April 5, 2017
19 HEALTH NET OF CALIFORNIA, INC., a FAC Filed: June 29, 2017
Califomia Corporation; and Does 1 through 50, Consolidated Complaint Filed: Dec. 21, 2017
20 inclusive.
21 Defendants.
22
TOMAS R. ARANA, on behalf of himself, all
23 others similarly situated.
24 Plaintiff,
25
26 HEALTH NET OF CALIFORNIA, INC., a
Califomia corporation; and DOES 1-50,
27 inclusive.
28 Defendant.
2 A 2019
[PROPOSED] ORDER GRANTING CLASS CERTIFICATION
Filed by Fax
1 The Courtfindsgood cause to enter the following class definition: "All individuals who are
2 or previously were employed by Defendant Health Net of Califomia, Inc. ("Defendant") in
3 Califomia and classified as non-exempt and received "MedFlxWave" payments, "DenFlxWave"
4 payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during
5 the period of April 5, 2013 to December 31, 2016 (hereinafter referred to as the "Class").
6 Having approved the class definition above, the Court GRANTS the class certification and
7 appoints Blumenthal Nordrehaug Bhowmik De Blouw LLP and Setareh Law Group as class
8 counsel.
9 The Court further appoints Plaintiffs Andrea Spears and Tomas R. Arana as class
10 representatives (collectively referred to herein as the "Plaintiffs").
11 The Courtfindsthat Plaintiffs meet each of the standards in Section 382 of the Califomia
12 Code of Civil Procedure, as follows:
13 1. The Class satisfies the numerosity requirements and is ascertainable through Defendant's
14 records;
15 2. There is a community of interest challenging Defendant's calculation of "regular rate of
16 pay," failure to provide accurate itemized wage statements, and failure to timely provide
17 wages, and these common factual and legal challenges predominate;
18 3. The Plaintiffs' claims are typical of the Class;
19 4. Plaintiffs Andrea Spears and Tomas R. Arana, and their respective counsel, are adequate
20 representatives of the Class;
21 5. The class mechanism is superior for adjudicating the factual and legal challenges at issue.
22 The claims which are certified are: (1) for unpaid overtime wages pursuant to Califomia
23 Labor Code §§ 510 and 1198 and limited to the allegations that (a) "MedFlxWave" payments and
24 "DenFlxWave" payments were improperly calculated and/or improperly excluded from the regular
25 rate as govemed by the Benefit Plan Contribution Exception pursuant to the Fair Labor Standards
26 Act, Title 29 United States Code section 207(e)(4), and (b) SPOT awards, ACA Incentive payments
27 and/or Wellness Incentive payments received by Class Members were non-discretionary bonuses
28 that were improperly excluded from their regular rate calculation, (2) for unfair competition
[PROPOSED] ORDER GRANTING CLASS CERTIFICATION
1 pursuant to Califomia Business & Professions Code § 17200, et seq. ("UCL"), limited to the alleged
2 violations of Califomia Labor Code §§510 and 1198, and further limited therein to the allegations
3 that (a) "MedFlxWave" payments and "DenFlxWave" payments were improperly calculated and/or
4 improperly excluded from the regular rate as govemed by the Benefit Plan Contribution Exception
5 pursuant to the Fair Labor Standards Act, Title 29 United States Code section 207(e)(4), and (b)
6 SPOT awards, ACA Incentive payments and/or Wellness Incentive payments received by class
7 members were non-discretionary bonuses that were improperly excluded from their regular rate
8 calculation, (3) subject to the Court's mling on Defendant's supplemental briefing on the issue as
9 to whether a derivafive claim under Labor Code section 226 is permitted in a PAGA action, the
10 derivative claim for inaccurate wage statements in violation of Califomia Labor Code § 226, limited
11 to the allegations of the claim for unpaid overtime wages pursuant to Califomia Labor Code §§510
12 and 1198 that (a) "MedFlxWave" payments and "DenFlxWave" payments, were improperly
13 calculated and/or improperly excluded from the regular rate as govemed by the Benefit Plan
14 Contribution Exception pursuant to the Fair Labor Standards Act, Title 29 United States Code
15 section 207(e)(4) , and (b) SPOT awards, ACA Incenfive payments and/or Wellness Incentive
16 payments received by Class Members were non-discretionary bonuses that were improperly
17 excluded from their regular rate calculation, and (4) the derivative claim for waiting time penalties
18 pursuant to Califomia Labor Code §§ 201, 202 and 203, limited to the allegations of the claim for
19 unpaid overtime wages pursuant to Califomia Labor Code §§510 and 1198 that (a) "MedFlxWave"
20 payments and "DenFlxWave" payments were improperly calculated and/or improperly excluded
21 from the regular rate as govemed by the Benefit Plan Contribution Exception pursuant to the Fair
22 Labor Standards Act, Title 29 United States Code section 207(e)(4) , and (b) SPOT awards, ACA
23 Incentive payments and/or Wellness Incentive payments received by Class Members were non-
24 discretionary bonuses that were improperly excluded from their regular rate calculation.
25
26 The Parties are ordered to meet and confer regarding an appropriate notice to be sent to the
27 Class and will propose such notice for Court approval within thirty (30) days of the Court's entry
28 ofthis Order.
STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION
1
2 IT IS SO ORDERED.
3
4 Dated:
Hon. Alan G. Perkins
5 Judge of the Superior Court
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION
Preview
1 BLUMENTHAL, NORDREHAUG & BHOWMIK LLP NORMAN B. BLUMENTHAL (SBN 068687) 2 KYLE R. NORDREHAUG (SBN 205975) APARAJIT BHOWMIK (SBN 248066) 3 PIYA MUKHERJEE (SBN 274217) VICTORIA B. RIVAPALACIO (SBN 275115) 4 2255 Calle Clara La Jolla, CA 92037 5 Tel: 858.551.1223 Fax: 858.551.1232 6 norm@bamlawca.com 7 Attomeys for Plaintiff ANDREA SPEARS 8 SETAREH LAW GROUP 9 SHAUN SETAREH (SBN 204514) shaun@setarehlaw.com 10 9454 Wilshire Blvd., Suite 907 Beverly Hills, CA 90212 11 Telephone: (310) 888-7771 12 Attomeys for Plaintiff TOMAS R. ARANA 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SACRAMENTO 15 ANDREA SPEARS, an individual, on behalf Consolidated Case No. 34-2017-00210560- 16 of herself and on behalf of all persons similarly CU-OE-GDS situated, 17 Plaintiff, [PROPOSED] ORDER GRANTING CLASS CERTIFICATION 18 Original Complaint Filed: April 5, 2017 19 HEALTH NET OF CALIFORNIA, INC., a FAC Filed: June 29, 2017 Califomia Corporation; and Does 1 through 50, Consolidated Complaint Filed: Dec. 21, 2017 20 inclusive. 21 Defendants. 22 TOMAS R. ARANA, on behalf of himself, all 23 others similarly situated. 24 Plaintiff, 25 26 HEALTH NET OF CALIFORNIA, INC., a Califomia corporation; and DOES 1-50, 27 inclusive. 28 Defendant. 2 A 2019 [PROPOSED] ORDER GRANTING CLASS CERTIFICATION Filed by Fax 1 The Courtfindsgood cause to enter the following class definition: "All individuals who are 2 or previously were employed by Defendant Health Net of Califomia, Inc. ("Defendant") in 3 Califomia and classified as non-exempt and received "MedFlxWave" payments, "DenFlxWave" 4 payments, SPOT Awards, ACA Incentive payments and/or Wellness Incentive payments during 5 the period of April 5, 2013 to December 31, 2016 (hereinafter referred to as the "Class"). 6 Having approved the class definition above, the Court GRANTS the class certification and 7 appoints Blumenthal Nordrehaug Bhowmik De Blouw LLP and Setareh Law Group as class 8 counsel. 9 The Court further appoints Plaintiffs Andrea Spears and Tomas R. Arana as class 10 representatives (collectively referred to herein as the "Plaintiffs"). 11 The Courtfindsthat Plaintiffs meet each of the standards in Section 382 of the Califomia 12 Code of Civil Procedure, as follows: 13 1. The Class satisfies the numerosity requirements and is ascertainable through Defendant's 14 records; 15 2. There is a community of interest challenging Defendant's calculation of "regular rate of 16 pay," failure to provide accurate itemized wage statements, and failure to timely provide 17 wages, and these common factual and legal challenges predominate; 18 3. The Plaintiffs' claims are typical of the Class; 19 4. Plaintiffs Andrea Spears and Tomas R. Arana, and their respective counsel, are adequate 20 representatives of the Class; 21 5. The class mechanism is superior for adjudicating the factual and legal challenges at issue. 22 The claims which are certified are: (1) for unpaid overtime wages pursuant to Califomia 23 Labor Code §§ 510 and 1198 and limited to the allegations that (a) "MedFlxWave" payments and 24 "DenFlxWave" payments were improperly calculated and/or improperly excluded from the regular 25 rate as govemed by the Benefit Plan Contribution Exception pursuant to the Fair Labor Standards 26 Act, Title 29 United States Code section 207(e)(4), and (b) SPOT awards, ACA Incentive payments 27 and/or Wellness Incentive payments received by Class Members were non-discretionary bonuses 28 that were improperly excluded from their regular rate calculation, (2) for unfair competition [PROPOSED] ORDER GRANTING CLASS CERTIFICATION 1 pursuant to Califomia Business & Professions Code § 17200, et seq. ("UCL"), limited to the alleged 2 violations of Califomia Labor Code §§510 and 1198, and further limited therein to the allegations 3 that (a) "MedFlxWave" payments and "DenFlxWave" payments were improperly calculated and/or 4 improperly excluded from the regular rate as govemed by the Benefit Plan Contribution Exception 5 pursuant to the Fair Labor Standards Act, Title 29 United States Code section 207(e)(4), and (b) 6 SPOT awards, ACA Incentive payments and/or Wellness Incentive payments received by class 7 members were non-discretionary bonuses that were improperly excluded from their regular rate 8 calculation, (3) subject to the Court's mling on Defendant's supplemental briefing on the issue as 9 to whether a derivafive claim under Labor Code section 226 is permitted in a PAGA action, the 10 derivative claim for inaccurate wage statements in violation of Califomia Labor Code § 226, limited 11 to the allegations of the claim for unpaid overtime wages pursuant to Califomia Labor Code §§510 12 and 1198 that (a) "MedFlxWave" payments and "DenFlxWave" payments, were improperly 13 calculated and/or improperly excluded from the regular rate as govemed by the Benefit Plan 14 Contribution Exception pursuant to the Fair Labor Standards Act, Title 29 United States Code 15 section 207(e)(4) , and (b) SPOT awards, ACA Incenfive payments and/or Wellness Incentive 16 payments received by Class Members were non-discretionary bonuses that were improperly 17 excluded from their regular rate calculation, and (4) the derivative claim for waiting time penalties 18 pursuant to Califomia Labor Code §§ 201, 202 and 203, limited to the allegations of the claim for 19 unpaid overtime wages pursuant to Califomia Labor Code §§510 and 1198 that (a) "MedFlxWave" 20 payments and "DenFlxWave" payments were improperly calculated and/or improperly excluded 21 from the regular rate as govemed by the Benefit Plan Contribution Exception pursuant to the Fair 22 Labor Standards Act, Title 29 United States Code section 207(e)(4) , and (b) SPOT awards, ACA 23 Incentive payments and/or Wellness Incentive payments received by Class Members were non- 24 discretionary bonuses that were improperly excluded from their regular rate calculation. 25 26 The Parties are ordered to meet and confer regarding an appropriate notice to be sent to the 27 Class and will propose such notice for Court approval within thirty (30) days of the Court's entry 28 ofthis Order. STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION 1 2 IT IS SO ORDERED. 3 4 Dated: Hon. Alan G. Perkins 5 Judge of the Superior Court 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING CLASS CERTIFICATION