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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) ENDORSED
VICTORIA B. RIVAPALACIO (SBN 275115)
4 2255 Calle Claia
LaJolla,CA 92037 OCT - 4 2019
5 Tel: 858.551.1223
Fax: 858.551.1232 By T. Fiflfir
6 nonn@bamlawca.com Deouty Clerk
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 of Consolidated Case No. 34-2017-
16 herself and on behalf of all persons similarly 00210560-CU-OE-GDS
situated,
17 Plaintiff, IPROPOSED] 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,
20 inclusive, 2017
21 Defendants.
BY FAX
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, inclusive.
27
Defendant.
28
[PROPOSED] ORDER GRANTING CLASS CERTIFiCATION
1 The Courtfindsgood cause to enter the following class definition: "All individuals who are
2 or previously were employed by Defendant Health Net of California, 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 ofthe standards in Section 382 ofthe Califomia
12 Code of Civil Procedure, as follows:
13 1. The Class satisfies the nxmierosity requirements and is ascertainable through Defendant's
14 records;
15 2. There is a cornmunity 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 ofthe 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 governed by the Benefit Plan Contribution Exception pursuant to the Fair Labor Standards
26 Act, Titie 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
2
[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 excludedfiromthe regular rate as governed by the Benefit Plan Contiribution Exception
5 pursuant to die 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) the derivative claim for wage statement violations under Labor Code section 226,
9 limited to the allegations of the claim for unpaid overtime wages pursuant to Califomia Labor Code
10 §§ 510 and 1198 that (a) "MedFlxWave" payments and "DenFlxWave" payments, were
11 improperly calculated and/or improperly excludedfiromthe regular rate as governed by the Benefit
12 Plan Contribution Exception pursuant to the Fair Labor Standards Act, Titie 29 United States Code
13 section 207(e)(4), and (b) SPOT awards, ACA Incentive payments and/or Wellness Incentive
14 payments received by Class Members were non-discretionary bonuses that were improperly
15 excluded from their regular rate calculation, and (4) the derivative claim for waiting time penalties
16 pursuant to Califomia Labor Code §§ 201, 202 and 203, limited to the allegations of the claim for
17 unpaid overtime wages pursuant to Califomia Labor Code § § 510 and 1198 that (a) "MedFlxWave"
18 payments and "DenFlxWave" payments were improperly calculated and/or improperly excluded
19 from the regular rate as governed by the Benefit Plan Contribution Exception pursuant to the Fair
20 Labor Standards Act, Titie 29 United States Code section 207(e)(4), and (b) SPOT awards, ACA
21 Incentive payments and/or Wellness Incentive payments received by Class Members were non-
22 discretionary bonuses that were improperly excludedfi-omtheir regular rate calculation. ^
23 The Parties are ordered to meet and confer regarding an appropriate notice to be sent to the
24 Class and will propose such notice for Court approval within thirty (30) days of the Court's entry
25 of this Order.
26
27
28
3 • ;
[PROPOSED) ORDER GRANTING CLASS CERTIFICATION
I APPROVED AS TO FORM:
2
DATED: October ,2019 BLUMENTHAL NORDREHAUG BHOWMIK DE
3 BLOUW LLP
4
5 By
Aparajit Bhowmik
6 Piya Mukherjee
7 Attomeys for Plaintiff ANDREA SPEARS
8
9 3
DATED: October > ^ , 2019 SETAREH LAW GROUP
10
11
Shaun Setareh
12 William Pao
Alexandra R. Mcintosh
13
Attomeys for Plaintiff TOMAS R. ARANA
14
15
DATED: October ,2019 GREENBERG TRAURIG, LLP
16
17
By
18 Tiniothy J. Long
19 Attomeys for Defendants HEALTH NET OF
CALIFORNIA, INC.
20
21
22
IT IS SO ORDERED.
23
24
Dated:
25
Hon. Alan G. Perkins
26 Judge ofthe Superior Court
27
28
[PROPOSED] ORDER GRANTING CLASS CERTIFICATION
1 APPROVED AS TO FORM:
2
DATED: October 2019 BLUMENTHAL NORDREHAUG BHOWMIK DE
3 BLOUW LLP
4
5 By
Aparajit Bhowmik
6 Piya Mukherjee
7 Attomeys for Plaintiff ANDREA SPEARS
8
9 DATED: October ,2019 SETAREH LAW GROUP
10
11 By
Shaun Setareh
12 William Pao
Alexandra R. Mcintosh
13
Attomeys for Plaintiff TOMAS R. ARANA
14
15
DATED: October 4 .2019 GREENBERG TRAURIG, LLP
16
17
By
18 Timothy J. Long
19 Attomeys for Defendants HEALTH NET OF
CALIFORNIA, INC.
20
21
22
IT IS SO ORDERED.
23
24
Dated;
25 Hon. Alan G. Perkins
26 Judge of the Superior Court
27
28
[PROPOSED] ORDER GRANTING CLASS CERTIFICATION
1 Andrea Spears, et al. vs. Health Net of Califomia, Inc.
Sacramento County Superior Court Case No. 34-2017-00210560
2
DECLARATION OF SERVICE
3
I am a citizen of the United States, over the age of 18 years, and not a party to or
4 interested in this action. I am employed in the County of Sacramento, State of Califomia and my
business address is Greenberg Traurig, LLP, 1201 K Street, Suite 1100, Sacramento, CA 95814.
5
On this day, I caused to be served the following document(s): ^
6
[PROPOSED] ORDER GRANTING CLASS CERTIFICATION
7
By placing Q the original ^ a tme copy into sealed envelopes addressed and served as
8 follows:
9 Norman Blumenthal
BLUMENTHAL, NORDREHAUG & Attorneys for Plaintiff Andrea Spears
10 BHOWMIK LLP
2255 Calle Clara
11 LaJolla,CA 92037
Email: norm@bamlawca.com
12 Telephone: (858) 551-1223
Facsimile: (858) 551-1232
13
Shaun Setareh
14 William Pao Attorneys for Plaintiff Tomas R. Arana
Alex Mcintosh
15 SETAREH LAW GROUP
315 S. Beverly Drive
16 Beverly Hills, CA 90212
Email: shaun(a),setarehlaw.com
17 william(a),setarehlaw.com
alex(a),setarehlaw.com
18 Telephone: (310) 888-7771
Facsimile: (310)888-0109
19
^ BY MAIL: .1 am familiar with this firm's practice whereby the mail, after being placed
20 in a designated area, is given fully prepaid postage and is then deposited with the U.S. Postal
Service at Sacramento, Califomia, after the close of the day's business.
21
^ BY ELECTRONIC TRANSMISSION: By transmitting a tme and a correct copy
22 thereof attached to the electronic email address(es) as set forth above.
23 I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is tme and correct.
24
Executed on October 4,2019, at Sacramento, Califomia.
25
26 Marlene Celis
27
28
PROOF OF SERVICE
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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) ENDORSED VICTORIA B. RIVAPALACIO (SBN 275115) 4 2255 Calle Claia LaJolla,CA 92037 OCT - 4 2019 5 Tel: 858.551.1223 Fax: 858.551.1232 By T. Fiflfir 6 nonn@bamlawca.com Deouty Clerk 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 of Consolidated Case No. 34-2017- 16 herself and on behalf of all persons similarly 00210560-CU-OE-GDS situated, 17 Plaintiff, IPROPOSED] 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, 20 inclusive, 2017 21 Defendants. BY FAX 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, inclusive. 27 Defendant. 28 [PROPOSED] ORDER GRANTING CLASS CERTIFiCATION 1 The Courtfindsgood cause to enter the following class definition: "All individuals who are 2 or previously were employed by Defendant Health Net of California, 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 ofthe standards in Section 382 ofthe Califomia 12 Code of Civil Procedure, as follows: 13 1. The Class satisfies the nxmierosity requirements and is ascertainable through Defendant's 14 records; 15 2. There is a cornmunity 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 ofthe 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 governed by the Benefit Plan Contribution Exception pursuant to the Fair Labor Standards 26 Act, Titie 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 2 [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 excludedfiromthe regular rate as governed by the Benefit Plan Contiribution Exception 5 pursuant to die 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) the derivative claim for wage statement violations under Labor Code section 226, 9 limited to the allegations of the claim for unpaid overtime wages pursuant to Califomia Labor Code 10 §§ 510 and 1198 that (a) "MedFlxWave" payments and "DenFlxWave" payments, were 11 improperly calculated and/or improperly excludedfiromthe regular rate as governed by the Benefit 12 Plan Contribution Exception pursuant to the Fair Labor Standards Act, Titie 29 United States Code 13 section 207(e)(4), and (b) SPOT awards, ACA Incentive payments and/or Wellness Incentive 14 payments received by Class Members were non-discretionary bonuses that were improperly 15 excluded from their regular rate calculation, and (4) the derivative claim for waiting time penalties 16 pursuant to Califomia Labor Code §§ 201, 202 and 203, limited to the allegations of the claim for 17 unpaid overtime wages pursuant to Califomia Labor Code § § 510 and 1198 that (a) "MedFlxWave" 18 payments and "DenFlxWave" payments were improperly calculated and/or improperly excluded 19 from the regular rate as governed by the Benefit Plan Contribution Exception pursuant to the Fair 20 Labor Standards Act, Titie 29 United States Code section 207(e)(4), and (b) SPOT awards, ACA 21 Incentive payments and/or Wellness Incentive payments received by Class Members were non- 22 discretionary bonuses that were improperly excludedfi-omtheir regular rate calculation. ^ 23 The Parties are ordered to meet and confer regarding an appropriate notice to be sent to the 24 Class and will propose such notice for Court approval within thirty (30) days of the Court's entry 25 of this Order. 26 27 28 3 • ; [PROPOSED) ORDER GRANTING CLASS CERTIFICATION I APPROVED AS TO FORM: 2 DATED: October ,2019 BLUMENTHAL NORDREHAUG BHOWMIK DE 3 BLOUW LLP 4 5 By Aparajit Bhowmik 6 Piya Mukherjee 7 Attomeys for Plaintiff ANDREA SPEARS 8 9 3 DATED: October > ^ , 2019 SETAREH LAW GROUP 10 11 Shaun Setareh 12 William Pao Alexandra R. Mcintosh 13 Attomeys for Plaintiff TOMAS R. ARANA 14 15 DATED: October ,2019 GREENBERG TRAURIG, LLP 16 17 By 18 Tiniothy J. Long 19 Attomeys for Defendants HEALTH NET OF CALIFORNIA, INC. 20 21 22 IT IS SO ORDERED. 23 24 Dated: 25 Hon. Alan G. Perkins 26 Judge ofthe Superior Court 27 28 [PROPOSED] ORDER GRANTING CLASS CERTIFICATION 1 APPROVED AS TO FORM: 2 DATED: October 2019 BLUMENTHAL NORDREHAUG BHOWMIK DE 3 BLOUW LLP 4 5 By Aparajit Bhowmik 6 Piya Mukherjee 7 Attomeys for Plaintiff ANDREA SPEARS 8 9 DATED: October ,2019 SETAREH LAW GROUP 10 11 By Shaun Setareh 12 William Pao Alexandra R. Mcintosh 13 Attomeys for Plaintiff TOMAS R. ARANA 14 15 DATED: October 4 .2019 GREENBERG TRAURIG, LLP 16 17 By 18 Timothy J. Long 19 Attomeys for Defendants HEALTH NET OF CALIFORNIA, INC. 20 21 22 IT IS SO ORDERED. 23 24 Dated; 25 Hon. Alan G. Perkins 26 Judge of the Superior Court 27 28 [PROPOSED] ORDER GRANTING CLASS CERTIFICATION 1 Andrea Spears, et al. vs. Health Net of Califomia, Inc. Sacramento County Superior Court Case No. 34-2017-00210560 2 DECLARATION OF SERVICE 3 I am a citizen of the United States, over the age of 18 years, and not a party to or 4 interested in this action. I am employed in the County of Sacramento, State of Califomia and my business address is Greenberg Traurig, LLP, 1201 K Street, Suite 1100, Sacramento, CA 95814. 5 On this day, I caused to be served the following document(s): ^ 6 [PROPOSED] ORDER GRANTING CLASS CERTIFICATION 7 By placing Q the original ^ a tme copy into sealed envelopes addressed and served as 8 follows: 9 Norman Blumenthal BLUMENTHAL, NORDREHAUG & Attorneys for Plaintiff Andrea Spears 10 BHOWMIK LLP 2255 Calle Clara 11 LaJolla,CA 92037 Email: norm@bamlawca.com 12 Telephone: (858) 551-1223 Facsimile: (858) 551-1232 13 Shaun Setareh 14 William Pao Attorneys for Plaintiff Tomas R. Arana Alex Mcintosh 15 SETAREH LAW GROUP 315 S. Beverly Drive 16 Beverly Hills, CA 90212 Email: shaun(a),setarehlaw.com 17 william(a),setarehlaw.com alex(a),setarehlaw.com 18 Telephone: (310) 888-7771 Facsimile: (310)888-0109 19 ^ BY MAIL: .1 am familiar with this firm's practice whereby the mail, after being placed 20 in a designated area, is given fully prepaid postage and is then deposited with the U.S. Postal Service at Sacramento, Califomia, after the close of the day's business. 21 ^ BY ELECTRONIC TRANSMISSION: By transmitting a tme and a correct copy 22 thereof attached to the electronic email address(es) as set forth above. 23 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct. 24 Executed on October 4,2019, at Sacramento, Califomia. 25 26 Marlene Celis 27 28 PROOF OF SERVICE