Response To Defendants Separate Statement

Response

Cal. Super. - 4th Dist.December 6, 2017

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELECTROMICALLY FILED Superior Court of California, County of Orange Larry W. Lee, Esq. SBN 228175 02/25/2019 at 11:44:00 AM DIVERSITY LAW GROUP, A Professional Clerk of the Superior Court Corporation By Georgina Ramirez, Deputy Clerk 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 lwlee@diversitylaw.com Edward W. Choi, Esq. SBN 211334 David Lee, Esq. SBN 296294 LAW OFFICES OF CHOI & DAVID LEE LAW ASSOCIATES, A Professional Corporation 515 S. Flower Street, Suite 3600 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 edward.choi@choiandassociates.com Telephone: (213)236-3536 Facsimile: (866) 658-4722 Email: David@DavidJLeeLaw.com Attorneys for Plaintiff LARISA PARCHELLI and the Class SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE LARISA PARCHELLI, as an individual, and | Case No. 30-2017-00959707-CU-OE-CXC on behalf of all others similarly situated, Assigned for All Purposes to Honorable Plaintiff William Claster in Department CX102 vs. PLAINTIFF'S RESPONSE TO DEFENDANT’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY ADJUDICATION OF ISSUES PURSUANT TO 437 (c)(t) SILVERADO SENIOR LIVING MANAGEMENT, INC., a Corporation, and DOES 1 through 100, inclusive, DATE: April 19,2019 Defendants. TIME: 9:00 a.m. DEPT: CX102 PLAINTIFF'S RESPONSE TO DEFENDANT’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS ISO MOTION FOR SUMMARY ADJUDICATION OF ISSUES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Code of Civil Procedure § 437c(b)(1) and Rule of Court 3.1350, Plaintiff LARISA PARCHELLI submits her Responses to Defendant SILVERADO SENIOR LIVING MANAGEMENT, INC.'s ("Defendant") Separate Statement of Undisputed Material Facts in Support of Plaintiff’s Opposition to Defendant's Motion for Summary Adjudication of Issues Pursuant to 437 (c)(t). Moving Party’s Undisputed Material Facts | Opposing Party’s Response and and Supporting Evidence: Supporting Evidence: 1. Three prior class action matters were filed 1. Undisputed. Parties stipulated to this fact. against Defendant in Los Angeles County Joint Stipulation re: Summary Adjudication Superior Court, and ultimately consolidated. (“Stipulated Facts”) These matters were as follows: 1) Pichardo v. Silverado Senior Living, Inc., Case No. BC 541042; 2) Cunanan v. Silverado Senior Living, Inc., Case No. BC 547338; and 3) Campos v. Silverado Senior Living, Inc., Case No. BC 578135 (“LASC Case”). Declaration of Joshua Carlon § 4 2. The LASC Case included claims 2. Undisputed. Parties stipulated to this fact. pursuant to California Labor Code (“Stipulated Facts”) sections 201-203. Declaration of Joshua Carlon § 4 3. The LASC Case settled via a class 3. Undisputed. Parties stipulated to this fact. action settlement. The settlement (“Stipulated Facts”) release included claims pursuant to Labor Code sections 201-203. Declaration of Joshua Carlon § 4 4. The LASC Case settlement had a 4. Undisputed. Parties stipulated to this fact. release period of April 1, 2010 through (“Stipulated Facts”) September 19, 2017. Declaration of Joshua Carlon § 4 _2- PLAINTIFF'S RESPONSE TO DEFENDANT’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS ISO MOTION FOR SUMMARY ADJUDICATION OF ISSUES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moving Party’s Undisputed Material Facts and Supporting Evidence: Opposing Party’s Response and Supporting Evidence: 5. The LASC Case settlement was granted final approval on June 15, 2018. Declaration of Joshua Carlon 5. Undisputed. Parties stipulated to this fact. (“Stipulated Facts”) 6. The matter at hand was filed on December 6, 2017. 6. Undisputed. 7. Claims under Labor Code sections 201- 203 have a three year statute of limitations. 7. Undisputed. 8. Via the matter at hand, Plaintiff is pursuing penalties under Labor Code sections 201-203 for any former employee of Defendant, terminated on or after December 6, 2014, who was given final pay via a pay card. Declaration of Joshua Carlon 9 3 &. Immaterial. 9. Individuals who participated in the settlement in the LASC Case, and were terminated within the release period have released their ability to pursue further penalties under Labor Code sections 201-203. Declaration of Joshua Carlon 9 4-5 9. Disputed. Res judicata does not apply to claims that are brought under separate factual allegations. Mycogen Corp. v. Monsanto Co., 28 Cal. 4th 888, 896 (2002); Countrywide Fin. Corp. v. Bundy, 187 Cal. App. 4th 234, 260-61 (2010); Consumer Advocacy Group, Inc. v. ExxonMobil Corp., 168 Cal. App. 4th 675, 686 (2008). The factual predicate doctrine states that class settlements bar subsequent class actions only when two actions are based on the identical factual predicate. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010); Lao v. H&M Hennes & Mauritz, L.P.,2017 U.S. Dist. LEXIS 177135 (N.D. Cal. Oct. 25, 2017); Chavez v. PVH Corp., No. 13-CV-01797- LHK, 2015 WL 581382, at *5 (N.D. Cal. Feb. 11, 2015); Mata v. Manpower Inc., No. 14- CV-03787-LHK, 2016 WL 948997 -3- PLAINTIFF'S RESPONSE TO DEFENDANT’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS ISO MOTION FOR SUMMARY ADJUDICATION OF ISSUES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: February 25, 2019 LAW OFFICES OF CHOI & ASSOCIATES, P.C. Edward W. Choi Attorneys for Plaintiff and the Class -4.- PLAINTIFF'S RESPONSE TO DEFENDANT’S SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS ISO MOTION FOR SUMMARY ADJUDICATION OF ISSUES