Preview
e @ .»;
FILED
SUPERIOR COURT ~ STOSK Ton
1 | ELIZABETH STAGGS WILSON, Bar No. 183160 201 DEC 28 PH 12: ay
SHANNON R. BOYCE, Bar No. 229041
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: 213.443.4300
Facsimile: 213.443.4299
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone: 408.998.4150
2
3
4
5
6 | JOSE MACIAS, JR., Bar No. 265033
7
8
9 || Facsimile: 408.288.5686
Attorneys for Defendants
11 | DOCTORS HOSPITAL OF MANTECA, INC.;
AUXILIARY OF DOCTORS HOSPITAL OF
12 | MANTECA; DRS HOSP OF MANTECA INC; SP
OF MANTECA INC.; TENET HEALTHCARE
13 || CORPORATION; TENET HEALTH
INTEGRATED SERVICES, INC.
14
15 SUPERIOR COURT OF CALIFORNIA
16 COUNTY OF SAN JOAQUIN, STOCKTON BRANCH
17 || REGINALD LYLE, on behalf of himself Case No. STK-CV-UOE-2016-6523
and others similarly situated,,
18 DEFENDANTS’ NOTICE OF RELATED
Plaintiff, CASES
1
° v. ASSIGNED FOR ALL PURPOSES TO JUDGE
20 CARTER P. HOLLY, DEPT. 41
DOCTORS HOSPITAL OF MANTECA,
21 || INC.; AUXILIARY OF DOCTORS Complaint Filed: July 5, 2016
HOSPITAL OF MANTECA; DRS HOSP
22 | OF MANTECA INC; SP OF MANTECA
INC; TENET HEALTHCARE
23 || CORPORATION; TENET HEALTH
INTEGRATED SERVICES, INC.; TENET
24 || HEALTH; and DOES 1 to 100, inclusive,
25 Defendants,
28
UTTAR MENDELSON, c Firmwide:143191266.1 052845.1344
cence om DEFENDANTS’ NOTICE OF RELATED CASESeo wm YN HH FB YW N
nN N N meee
PRRPRPRPBBRRBR GSA AAEEBHE ES
UTTLER MeDELSOK AC.
en Wedansieei
ou nett, CA 90071
BLAU
TO PLAINTIFF REGINALD LYLE, HIS ATTORNEYS OF RECORD, AND THE
HONORABLE COURT:
PLEASE TAKE NOTICE that pursuant to Rule 3.300 of the California Rules of Court
Defendants Doctors Hospital of Manteca, Inc., Auxiliary of Doctors Hospital of Manteca, Inc., Drs
Hosp of Manteca, Inc., SP of Manteca, Inc., Tenet Healthcare Corporation, and Tenet Health
Integrated Services, Inc. hereby aver that the above action (the “Lyle Action”) is related to the below
actions (listed chronologically from earliest to latest filed):
1 Kristiane McElroy v. Tenet Healthcare Corporation, a Nevada corporation; Tenet
California, Inc., a Delaware corporation; Fountain Valley Regional Hospital and Medical Center,
a California corporation; and DOES I through 10, inclusive, Orange County Superior Court, Case
No. 30-2012-00543205-CU-OE-CXC, Department CX105 (the “McElroy Action”), was filed on
February 7, 2012.
2. Eda Sanchez Olivares y, Fountain Valley Regional Hospital and Medical Center, a
California corporation; Tenet Healthcare Corporation, a Nevada corporation; B. Joseph
Badalian, an individual; and DOES 1 through 100, inclusive, Orange County Superior Court, Case
No, 30-2015-00823733-CU-OE-CXC, Dept. CX104 (the “Olivares Action”), was filed on
November 26, 2014.
3. Nienfen Wang v. Fountain Valley Regional Hospital and Medical Center, a
California corporation; Tenet California, Inc., a Delaware corporation; Tenet Healthcare
Corporation, a Nevada corporation; and DOES 1 through 100, inclusive, Orange County Superior
Court, Case No. 30-2015-00823733-CU-OE-CXC, Dept. CX105 (the “Wang Action”), was filed on
November 20, 2015.
4, Yvette De Jesus v. Fountain Valley Regional Hospital and Medical Center; Tenet
California, Inc; Tenet Healthcare Corporation; and DOES 1 through 10, inclusive, Orange
County Superior Court, Case No. 30-2016-00851817-CU-OE-CXC, Dept. CXI101 (the “De Jesus
Action”), was filed on May 6, 2016.
The McElroy, Olivares, Wang, and De Jesus Actions are based on the “same parties” as the
present matter. CAL. R. C7. 3.300(a)(1). Additionally, as explained below, the McElroy, Olivares,
Firmwide:143191266.1 052845.1344 1.
DEFENDANTS’ NOTICE OF RELATED CASESwe YN A WH hw Dy
NN N ee a a
NRRRPBBRPB Ge ADE SBHES
28
UTTLER MENDELSON, PC.
esa Wess Great
8d Foo
Las Angole,CA son?
20
Wang, and De Jesus Actions arise from the same transactions, incidents, and events as the present
matter, thereby requiring the determination of the same or substantially identical questions of fact
and law, and are likely to require substantial duplication of judicial resources if heard by different
judges, CAL. R. Cr. 3,300(a)(2), (4).
McElray Action | Wang Action Olivares Lyle Action De Jesus
Action Action
Assigned Judge Thierry P, | Judge Thierry P. | Judge KimG. | Judge Carter Judge Gail
Judge Colaw Colaw Dunning Holly Andler
Type of Class and PAGA action Class action Class and Class and
Case as representative only. only, PAGA action. | PAGA action.
Alleged action under the
Labor Code
Private Attorneys
General Act
(‘PAGA”)
Alleged Allnon-exempt | Allcurrentand | All current and | All current and | All non-exempt
Class hourly paid former former non- former non- and non-
and/or employees who aggrieved exempt exempt represented
Group of worked for employees who | employeesof | employees of | workers who
Aggrieved | Defendants in were employed | Defendantsin | Defendantsin | are or have
Employees | California as a by Defendants _| the State of the State of been employed
“Nurse” or in California and | California. California. by Defendants.
similar position. | who work or
worked as non-
exempt hourly
nurses.
Overtime | Yes Alleged PAGA | Yes Yes Yes
Claim penalties based
on the failure to
pay overtime.
Meal Yes Alleged PAGA | Yes Yes Yes
Break penalties based
Claim on the failure to
provide meal
periods.
Rest Break | Yes Alleged PAGA | Yes Yes Yes
Claim penalties based
on the failure to
provide rest
breaks.
Failure to | Yes Alleged PAGA | Yes Yes Yes
Pay All penalties based
Wages on the failure to
Upon pay all wages.
Firmwide:143191266.1 052845.1344
2.
DEFENDANTS’ NOTICE OF RELATED CASESow YN DAH Bw NY
me
RRRRPRBBERBSSBSRARAREER ES
28
UTTER WENDELEON PC.
em Wee sn sees
63d Foor
es Anges, CA OTT
Teco
McElroy Action | Wang Action Olivares Lyle Action De Jesus
Action Action
Separation
Failure to | Yes Alleged PAGA | Yes. Yes Yes
Provide penalties based
Accurate on the failure to
Itemized provide
Wage accurate
Statements itemized wage
statements
Bus. & Yes No Yes Yes Yes
Prof. Code
§ 17200
Claim
PAGA Yes Yes No Yes Yes
Penalties
Dated: December 28, 2016
Firrawide:14319 1266.1 052845.1344
E] ETH STAGGS WILSON
Sk (ON R. BOYCE
LITTER MENDELSON, P.C.
Athoreys for Defendants
DOCTORS HOSPITAL OF MANTECA,
INC.; AUXILIARY OF DOCTORS
HOSPITAL OF MANTECA; TENET
HEALTHCARE CORPORATION; TENET
HEALTH INTEGRATED SERVICES, INC.
3,
DEFENDANTS’ NOTICE OF RELATED CASESwo oan oun ft WwW NY
MB BP Be Be we ee oe oe
NRBRBRBRRSE SEN SEREKRE GO
28
YTTLER MENDELSON
PROOF OF SERVICE
Tam a resident of the State of California, over the age of elghteen years, and not a
party to the within action. My business address Is 2049 Century Park East, 5th Floor, Los Angeles,
California 90067.3107. On December 28, 2016, I served the within document(s):
DEFENDANT'S NOTICE OF RELATED CASES
by placing a true copy of the document(s) listed above for collection and mailing
Be] following the firm's ordinary business practice in a sealed envelope with postage
thereon fully prepald for deposit in the United States mall at Los Angeles,
Californla addressed as set forth below.
Joseph Lavi, Esq.
Vincent C. Granberry, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Boulevard
Suite 200
Beverly Hills, CA 90211
Telephone: 310.432.0000
Facsimile: 310.432.0001
Attorneys for Plaintiff Reginald Lyle
i am readily familiar with the firm's practice of collection and processing
correspondence for mailing and for shipping via overnight delivery service, Under that practice It
would be deposited with the U.S. Postal Service or if an overnight delivery service shipment,
deposited in an overnight delivery service pick-up box or office on the same day with postage or
fees thereon fully prepaid In the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California that the
above Is true and correct. Executed on December 28, 201, Angeles, California.
LA Ll LA
(daly ann Gerard
Firmwide:142979786.1 052845,1344
PROOF OF SERVICE
Preview
e @ .»; FILED SUPERIOR COURT ~ STOSK Ton 1 | ELIZABETH STAGGS WILSON, Bar No. 183160 201 DEC 28 PH 12: ay SHANNON R. BOYCE, Bar No. 229041 LITTLER MENDELSON, P.C. 633 West 5th Street 63rd Floor Los Angeles, CA 90071 Telephone: 213.443.4300 Facsimile: 213.443.4299 LITTLER MENDELSON, P.C. 50 W. San Fernando, 15th Floor San Jose, CA 95113.2303 Telephone: 408.998.4150 2 3 4 5 6 | JOSE MACIAS, JR., Bar No. 265033 7 8 9 || Facsimile: 408.288.5686 Attorneys for Defendants 11 | DOCTORS HOSPITAL OF MANTECA, INC.; AUXILIARY OF DOCTORS HOSPITAL OF 12 | MANTECA; DRS HOSP OF MANTECA INC; SP OF MANTECA INC.; TENET HEALTHCARE 13 || CORPORATION; TENET HEALTH INTEGRATED SERVICES, INC. 14 15 SUPERIOR COURT OF CALIFORNIA 16 COUNTY OF SAN JOAQUIN, STOCKTON BRANCH 17 || REGINALD LYLE, on behalf of himself Case No. STK-CV-UOE-2016-6523 and others similarly situated,, 18 DEFENDANTS’ NOTICE OF RELATED Plaintiff, CASES 1 ° v. ASSIGNED FOR ALL PURPOSES TO JUDGE 20 CARTER P. HOLLY, DEPT. 41 DOCTORS HOSPITAL OF MANTECA, 21 || INC.; AUXILIARY OF DOCTORS Complaint Filed: July 5, 2016 HOSPITAL OF MANTECA; DRS HOSP 22 | OF MANTECA INC; SP OF MANTECA INC; TENET HEALTHCARE 23 || CORPORATION; TENET HEALTH INTEGRATED SERVICES, INC.; TENET 24 || HEALTH; and DOES 1 to 100, inclusive, 25 Defendants, 28 UTTAR MENDELSON, c Firmwide:143191266.1 052845.1344 cence om DEFENDANTS’ NOTICE OF RELATED CASESeo wm YN HH FB YW N nN N N meee PRRPRPRPBBRRBR GSA AAEEBHE ES UTTLER MeDELSOK AC. en Wedansieei ou nett, CA 90071 BLAU TO PLAINTIFF REGINALD LYLE, HIS ATTORNEYS OF RECORD, AND THE HONORABLE COURT: PLEASE TAKE NOTICE that pursuant to Rule 3.300 of the California Rules of Court Defendants Doctors Hospital of Manteca, Inc., Auxiliary of Doctors Hospital of Manteca, Inc., Drs Hosp of Manteca, Inc., SP of Manteca, Inc., Tenet Healthcare Corporation, and Tenet Health Integrated Services, Inc. hereby aver that the above action (the “Lyle Action”) is related to the below actions (listed chronologically from earliest to latest filed): 1 Kristiane McElroy v. Tenet Healthcare Corporation, a Nevada corporation; Tenet California, Inc., a Delaware corporation; Fountain Valley Regional Hospital and Medical Center, a California corporation; and DOES I through 10, inclusive, Orange County Superior Court, Case No. 30-2012-00543205-CU-OE-CXC, Department CX105 (the “McElroy Action”), was filed on February 7, 2012. 2. Eda Sanchez Olivares y, Fountain Valley Regional Hospital and Medical Center, a California corporation; Tenet Healthcare Corporation, a Nevada corporation; B. Joseph Badalian, an individual; and DOES 1 through 100, inclusive, Orange County Superior Court, Case No, 30-2015-00823733-CU-OE-CXC, Dept. CX104 (the “Olivares Action”), was filed on November 26, 2014. 3. Nienfen Wang v. Fountain Valley Regional Hospital and Medical Center, a California corporation; Tenet California, Inc., a Delaware corporation; Tenet Healthcare Corporation, a Nevada corporation; and DOES 1 through 100, inclusive, Orange County Superior Court, Case No. 30-2015-00823733-CU-OE-CXC, Dept. CX105 (the “Wang Action”), was filed on November 20, 2015. 4, Yvette De Jesus v. Fountain Valley Regional Hospital and Medical Center; Tenet California, Inc; Tenet Healthcare Corporation; and DOES 1 through 10, inclusive, Orange County Superior Court, Case No. 30-2016-00851817-CU-OE-CXC, Dept. CXI101 (the “De Jesus Action”), was filed on May 6, 2016. The McElroy, Olivares, Wang, and De Jesus Actions are based on the “same parties” as the present matter. CAL. R. C7. 3.300(a)(1). Additionally, as explained below, the McElroy, Olivares, Firmwide:143191266.1 052845.1344 1. DEFENDANTS’ NOTICE OF RELATED CASESwe YN A WH hw Dy NN N ee a a NRRRPBBRPB Ge ADE SBHES 28 UTTLER MENDELSON, PC. esa Wess Great 8d Foo Las Angole,CA son? 20 Wang, and De Jesus Actions arise from the same transactions, incidents, and events as the present matter, thereby requiring the determination of the same or substantially identical questions of fact and law, and are likely to require substantial duplication of judicial resources if heard by different judges, CAL. R. Cr. 3,300(a)(2), (4). McElray Action | Wang Action Olivares Lyle Action De Jesus Action Action Assigned Judge Thierry P, | Judge Thierry P. | Judge KimG. | Judge Carter Judge Gail Judge Colaw Colaw Dunning Holly Andler Type of Class and PAGA action Class action Class and Class and Case as representative only. only, PAGA action. | PAGA action. Alleged action under the Labor Code Private Attorneys General Act (‘PAGA”) Alleged Allnon-exempt | Allcurrentand | All current and | All current and | All non-exempt Class hourly paid former former non- former non- and non- and/or employees who aggrieved exempt exempt represented Group of worked for employees who | employeesof | employees of | workers who Aggrieved | Defendants in were employed | Defendantsin | Defendantsin | are or have Employees | California as a by Defendants _| the State of the State of been employed “Nurse” or in California and | California. California. by Defendants. similar position. | who work or worked as non- exempt hourly nurses. Overtime | Yes Alleged PAGA | Yes Yes Yes Claim penalties based on the failure to pay overtime. Meal Yes Alleged PAGA | Yes Yes Yes Break penalties based Claim on the failure to provide meal periods. Rest Break | Yes Alleged PAGA | Yes Yes Yes Claim penalties based on the failure to provide rest breaks. Failure to | Yes Alleged PAGA | Yes Yes Yes Pay All penalties based Wages on the failure to Upon pay all wages. Firmwide:143191266.1 052845.1344 2. DEFENDANTS’ NOTICE OF RELATED CASESow YN DAH Bw NY me RRRRPRBBERBSSBSRARAREER ES 28 UTTER WENDELEON PC. em Wee sn sees 63d Foor es Anges, CA OTT Teco McElroy Action | Wang Action Olivares Lyle Action De Jesus Action Action Separation Failure to | Yes Alleged PAGA | Yes. Yes Yes Provide penalties based Accurate on the failure to Itemized provide Wage accurate Statements itemized wage statements Bus. & Yes No Yes Yes Yes Prof. Code § 17200 Claim PAGA Yes Yes No Yes Yes Penalties Dated: December 28, 2016 Firrawide:14319 1266.1 052845.1344 E] ETH STAGGS WILSON Sk (ON R. BOYCE LITTER MENDELSON, P.C. Athoreys for Defendants DOCTORS HOSPITAL OF MANTECA, INC.; AUXILIARY OF DOCTORS HOSPITAL OF MANTECA; TENET HEALTHCARE CORPORATION; TENET HEALTH INTEGRATED SERVICES, INC. 3, DEFENDANTS’ NOTICE OF RELATED CASESwo oan oun ft WwW NY MB BP Be Be we ee oe oe NRBRBRBRRSE SEN SEREKRE GO 28 YTTLER MENDELSON PROOF OF SERVICE Tam a resident of the State of California, over the age of elghteen years, and not a party to the within action. My business address Is 2049 Century Park East, 5th Floor, Los Angeles, California 90067.3107. On December 28, 2016, I served the within document(s): DEFENDANT'S NOTICE OF RELATED CASES by placing a true copy of the document(s) listed above for collection and mailing Be] following the firm's ordinary business practice in a sealed envelope with postage thereon fully prepald for deposit in the United States mall at Los Angeles, Californla addressed as set forth below. Joseph Lavi, Esq. Vincent C. Granberry, Esq. LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Boulevard Suite 200 Beverly Hills, CA 90211 Telephone: 310.432.0000 Facsimile: 310.432.0001 Attorneys for Plaintiff Reginald Lyle i am readily familiar with the firm's practice of collection and processing correspondence for mailing and for shipping via overnight delivery service, Under that practice It would be deposited with the U.S. Postal Service or if an overnight delivery service shipment, deposited in an overnight delivery service pick-up box or office on the same day with postage or fees thereon fully prepaid In the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the above Is true and correct. Executed on December 28, 201, Angeles, California. LA Ll LA (daly ann Gerard Firmwide:142979786.1 052845,1344 PROOF OF SERVICE