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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)
VICTORIA B. RIVAPALAGIO (SBN 275115)
4 2255 Calle Clara
La Jolla, CA 92037
5 Tel: 858.551,1223
Fax: 858.551.1232
6 nomi@bamlawca.com
OCT - 8 2019
7
8
Attomeys for Plaintiff
ANDREA SPEARS
SETAREH LAW GROUP
k
By D. Lashley, Deputy Clerk
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 CaseNo. 34-2017-
16 herself and on behalf of all persons similarly 00210560-CU-OE-GDS
situated.
17 Plaintiff, [PBOPeSESfORDER 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.
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[PROPOSED] ORDER GRANTING CUKSS CERTIFICATION
1 The Court finds good 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 Bliunenthal 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 numerosity requirements and is ascertainable through Defendant's
14 records;
15 2. There is a conununity of interest challenging Defendant's calculation of "regular rate pf
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 niechanism is superior for adjudicating the factual ahd 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 fironi 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 bf 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 excludedfi-omthe 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) 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 excludedfromthe regular rate as govemed by the Benefit
12 Plan Contribution Exception piu-suant to the Fair Labor Standards Act, Title 29 United States Code
13 section 207(e)(4), and (b) SPOT awards, ACA Incentive payments and/or Wellness Incentive
payments received by Class Members were non-discretionary bonuses that were improperly
15 excludedfrorntheir 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 Califoriiia 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 govemed 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 excludedfromtheu: regular rate calculation.
23 The Parties are ordered to rheet 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.
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27
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[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 ^3
DATED: October^, 2019 SETAREH LAW GROUP
10
n
Shaun Setareh
12 William Pao
Alexandra R. Mcintosh
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Attomeys for Plaintiff TOMAS R. ARANA
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15
DATED: October ,2019 GREENBERG TRAURJG, LLP
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17
By
18 Timothy J. Long
19 Attomeys for Defendants HEALTH NET OF
CALIFORNIA, INC.
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21
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IT IS SO ORDERED.
23
24
25
26 Judge ofthe Superior Court
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28
[PROPOSED] ORDER GRAKFING CLASS CERTIFICATION
1 APPROVED AS TO FORM:
2
DATED: October 2019 BLUMENTHAL NORDREHAUG BHOWMIK DE
3 BLOUW LLP
4
5 By
Aparaj it Bhowmik
6 Piya Mukherjee ,
7 Attonieys 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
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DATED: October 2019 GREENBERG TRAURIG, LLP
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17
By
18 Timothy J. Long
19 Attomeys for Defendants HEALTH NET OF
CALIFORNIA, INC.
20
21
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IT IS SO ORDERED.
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24
Dated:
25 Hon. Alan G. Perkins
26 Judge of the Superior Court
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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 ofthe United States, over the age of 18 years, and not a party tb 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, 1 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 La Jolla, 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(3),setarehlaw.com
alex(a),setarehlaw.com
18 Telephone: (310) 888-7771
Facsimile: (310)888-0109
19
^ BY MAIL: I 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 trUe and con-ect.
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Executed on October 4, 2019, at Sacramento, Califomi
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26
Marlene Cells
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PROOF OF SERVICE