On March 20, 2019 a
Trial Materials
was filed
involving a dispute between
Perez, Esperanza,
and
Brown, Tawna,
Bruun, Tawna,
Does 1 Through 50,
Kaiser Foundation Health Plan Inc A California Corporation,
Kaiser Foundation Hospitals A California Corporation,
Southern California Permanente Medical Group Inc., A Caifornia Corporation,
for Wrongful Termination Unlimited
in the District Court of San Bernardino County.
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A Michele Ballard Miller (SBN 104198)
mbmiller@cozen.com
Janine S. Simerly (SBN 102361)
jsimerly@cozen. com
Ethan Chemin (SBN 273906) ELECTRONICALLY FILED
echernin@cozen.com SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
H. Sarah Fan (SBN 328282) SAN BERNARDINO DISTRICT
hfan@cozen.com
COZEN O'CONNOR 3/6/2024 3:24 PM
401 Wilshire Boulevard, Suite 850
DEPUTY
OQOONOUU‘l-POON
Santa Monica, California 90401 By: Leslie Zepeda,
Telephone: 3 1 0.393 .4000
Facsimile: 3 1 0.394.4700
Attorneys for Defendants
KAISER FOUNDATION HOSPITALS, KAISER
FOUNDATION HEALTH PLAN, INC.,
SOUTHERN CALIFORNIA PERMANENTE
MEDICAL GROUP, and TAWNA BRUUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CONNOR
BOULEVARD
90401 COUNTY OF SAN BERNARDINO
CA
850
O’ SUITE
MONICA.
WILSHIRE
COZEN
401
SANTA
ESPERANZA PEREZ, Case N0.: CIVDS 1 920836
Plaintiff,
[Assigned t0 the Hon. Thomas S. Garza, Dept
vs.
827]
KAISER FOUNDATION HOSPITALS, a DEFENDANTS’ TRIAL BRIEF
California Corporation; KAISER
FOUNDATION HEALTH PLAN, INC., a Date: March 7, 2024
California Corporation; and SOUTHERN Time: 8:30 am.
CALIFORNIA PERMANENTE MEDICAL Place: 827
GROUP, INC., a California Corporation;
TAWNA BRUUN, an Individual; and DOES 1
through 50, Inclusive,
Action Filed: March 20, 2019
,
Trial Date: March 11, 2024
Defendants.
1
DEFENDANTS’ TRIAL BRIEF
CASE NO. CIVDSl920836
A I. INTRODUCTION
In the pre-dawn hours 0f September 8, 2017, Perioperative Services Manager Tawna Bruun
(“Bruun”) found Plaintiff Esperanza Perez (“Perez”) asleep in a patient bay and took a picture:
OmmVQO'I-Pwk)
When Bruun woke her, Perez told Bruun she was 0n her lunch break. Bruun believed her, but asked
Human Resources Consultant Estelle Cordova (“Cordova”) if there was a policy about sleeping in
the department. Cordova instructed Bruun to check Perez’s timecard to confirm that Perez had, in
CONNOR
BOULEVARD
90401
fact, clocked out for lunch as she claimed and, depending 0n her finding, may need to further
CA
850
O’
WILSHIRE
SUITE
MONICA‘
investigate.
COZEN
SANTA
401
Bruun checked Perez’s timecard and discovered that Perez clocked out for lunch 2 minutes
after Bruun took the picture, even though Perez said she was at lunch when she was found asleep.
Bruun then interviewed Perez, who again said she was at lunch. But, after Bruun confronted Perez
With her timecard, Perez changed her story. Perez said, instead, that she was on her rest break
combined with her lunch break because she had been busy. In her position as Mobility Technician,
Perez was not allowed t0 combine her rest break with her lunch; only certain nurses were allowed.
Even for those nurses Who were permitted t0 combine their meal and rest periods, Defendant Kaiser
Foundation Hospitals’ (“KFH”) policy requires that employees clock out before (i.e., at the start 0f)
the combined break. Perez did not d0 this.
After an investigation, and based on Perez’s conduct and comments, Bruun determined that
Perez’s conduct fell under the definition of timecard fraud under Kaiser’s policies and terminated
Perez’s employment.
Although she never had filed any complaints or voiced any concerns about race playing any
role in the termination decision While she was still employed by KFH, Perez now refuses t0 accept
2
DEFENDANTS’ TRIAL BRIEF
CASE N0. CIVDS1920836
Document Filed Date
March 06, 2024
Case Filing Date
March 20, 2019
Category
Wrongful Termination Unlimited
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A Michele Ballard Miller (SBN 104198) mbmiller@cozen.com Janine S. Simerly (SBN 102361) jsimerly@cozen. com Ethan Chemin (SBN 273906) ELECTRONICALLY FILED echernin@cozen.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO H. Sarah Fan (SBN 328282) SAN BERNARDINO DISTRICT hfan@cozen.com COZEN O'CONNOR 3/6/2024 3:24 PM 401 Wilshire Boulevard, Suite 850 DEPUTY OQOONOUU‘l-POON Santa Monica, California 90401 By: Leslie Zepeda, Telephone: 3 1 0.393 .4000 Facsimile: 3 1 0.394.4700 Attorneys for Defendants KAISER FOUNDATION HOSPITALS, KAISER FOUNDATION HEALTH PLAN, INC., SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP, and TAWNA BRUUN SUPERIOR COURT OF THE STATE OF CALIFORNIA CONNOR BOULEVARD 90401 COUNTY OF SAN BERNARDINO CA 850 O’ SUITE MONICA. WILSHIRE COZEN 401 SANTA ESPERANZA PEREZ, Case N0.: CIVDS 1 920836 Plaintiff, [Assigned t0 the Hon. Thomas S. Garza, Dept vs. 827] KAISER FOUNDATION HOSPITALS, a DEFENDANTS’ TRIAL BRIEF California Corporation; KAISER FOUNDATION HEALTH PLAN, INC., a Date: March 7, 2024 California Corporation; and SOUTHERN Time: 8:30 am. CALIFORNIA PERMANENTE MEDICAL Place: 827 GROUP, INC., a California Corporation; TAWNA BRUUN, an Individual; and DOES 1 through 50, Inclusive, Action Filed: March 20, 2019 , Trial Date: March 11, 2024 Defendants. 1 DEFENDANTS’ TRIAL BRIEF CASE NO. CIVDSl920836 A I. INTRODUCTION In the pre-dawn hours 0f September 8, 2017, Perioperative Services Manager Tawna Bruun (“Bruun”) found Plaintiff Esperanza Perez (“Perez”) asleep in a patient bay and took a picture: OmmVQO'I-Pwk) When Bruun woke her, Perez told Bruun she was 0n her lunch break. Bruun believed her, but asked Human Resources Consultant Estelle Cordova (“Cordova”) if there was a policy about sleeping in the department. Cordova instructed Bruun to check Perez’s timecard to confirm that Perez had, in CONNOR BOULEVARD 90401 fact, clocked out for lunch as she claimed and, depending 0n her finding, may need to further CA 850 O’ WILSHIRE SUITE MONICA‘ investigate. COZEN SANTA 401 Bruun checked Perez’s timecard and discovered that Perez clocked out for lunch 2 minutes after Bruun took the picture, even though Perez said she was at lunch when she was found asleep. Bruun then interviewed Perez, who again said she was at lunch. But, after Bruun confronted Perez With her timecard, Perez changed her story. Perez said, instead, that she was on her rest break combined with her lunch break because she had been busy. In her position as Mobility Technician, Perez was not allowed t0 combine her rest break with her lunch; only certain nurses were allowed. Even for those nurses Who were permitted t0 combine their meal and rest periods, Defendant Kaiser Foundation Hospitals’ (“KFH”) policy requires that employees clock out before (i.e., at the start 0f) the combined break. Perez did not d0 this. After an investigation, and based on Perez’s conduct and comments, Bruun determined that Perez’s conduct fell under the definition of timecard fraud under Kaiser’s policies and terminated Perez’s employment. Although she never had filed any complaints or voiced any concerns about race playing any role in the termination decision While she was still employed by KFH, Perez now refuses t0 accept 2 DEFENDANTS’ TRIAL BRIEF CASE N0. CIVDS1920836