Order: Stone VS Highland Hospital

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                                SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
                                             Rene C. Davidson Courthouse, Department 24
                                  JUDICIAL OFFICER: HONORABLE MICHAEL MARKMAN

                  Courtroom Clerk: Amani Amponsah                                                                       CSR: None


                  RG21092734                                                                                    January 13, 2022
                                                                                                                          10:00 AM
                  Stone VS Highland Hospital



                                                                      MINUTES
                  APPEARANCES:

                  Plaintiff Tamelin Stone appearing via virtual conference represented by Davis Imai.
                  Plaintiff Amanda Kunwar appearing via virtual conference represented by David Imai.
                  Plaintiff On behalf of themselves and all others similarly situated not appearing.
                  Defendant Highland Hospital not appearing.
                  Defendant Alameda Health System appearing via virtual conference represented by Lori Liu and
                  Anastasia Bondarchuk.
                  Defendant Does 1 to 100 not appearing.
                  Defendant Donna McNichol appearing via virtual conference represented by Lori Liu and
                  Anastasia Bondarchuk.

                  NATURE OF PROCEEDINGS: Hearing on Motion to Dismiss

                  Prior to the hearing, the Court issued a tentative ruling which was contested and the matter is
                  argued, submitted and affirmed as set forth below.

                  The Ex Parte Application for Dismissal of Entire Case filed by Alameda Health System, Donna
                  McNichol on 12/02/2021 is Denied.

                  The “Application for Dismissal of Entire Case” by Defendants Alameda Health System (“AHS”)
                  and Donna McNichol is DENIED.

                  On November 6, 2021, this Court issued an order on the demurrer to Plaintiffs’ First Amended
                  Complaint by AHS. AHS’s demurrer to Plaintiffs’ First through Seventh and Tenth Causes of
                  Action were sustained without leave to amend. AHS’s demurrer to Plaintiffs’ Thirteenth Cause
                  of Action was sustained with leave to amend. AHS did not demurrer to Plaintiffs’ Eighth, Ninth,
                  Eleventh, and Twelfth Causes of Action.

                  Plaintiffs filed a Notice of Appeal of the Court’s November 6, 2021 on November 19, 2021.
                  Plaintiffs have not filed a Second Amended Complaint pursuant to the Court’s November 6,
                  2021 order.

                  Defendants’ application is denied because AHS did not demurrer to Plaintiff’s Eighth, Ninth,
                  Eleventh, and Twelfth Causes of Action, and the Court therefore did not sustain any demurer to
                          SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA

                  those causes of action. As a result, Code of Civil Procedure section 581(f)(2) provides no basis to
                  dismiss Plaintiff’s Eighth, Ninth, Eleventh, and Twelfth Causes of Action, or this entire case.

                  The Court does not find Plaintiffs’ appeal relevant to this application. The Court’s November 6,
                  2021 order is an appealable order, because it dismissed all of Plaintiff’s putative class action
                  claims. (See Williams v. Impax Laboratories Inc. (2019) 41 Cal.App.5th 1060, 1066.) However,
                  the stay that results from filing an appeal applies only to matters that are embraced in or affected
                  by the appealed judgment or order. Plaintiffs’ Eighth, Ninth, Eleventh, and Twelfth Causes of
                  Action, which are asserted only on behalf of Plaintiffs Tamelin Stone and Amanda Kunwar and
                  are based on alleged FEHA violations, are not embraced or affected by Plaintiffs’ appeal of the
                  Court’s November 6, 2021 order, which dealt with Plaintiffs’ individual and purported class
                  Labor Code wage and hour claims.

                  If either party wants to file a noticed motion seeking to stay this entire action pending the
                  resolution of Plaintiffs’ appeal of the November 6, 2021 order, they are free to do so. In the
                  absence of such a motion, this case is not stayed as to the claims remaining in this case.


                  The Court orders counsel to obtain a copy of this order from the eCourt portal.




                                                                                        By:
                                                                                                               Minutes of: 01/13/2022
                                                                                                               Entered on: 01/13/2022




                                                                    Minute Order                                         Page 2 of 2