California Nurse Filed Two Class Actions with the Same Claims: Against the Staffing Agency & a Medical Center
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A California nurse successfully filed for the same set of claims against two joint employers in two separate class actions.
The Case: Grande v. Eisenhower Medical Center
The Court: Cal.App.5th
The Case No.: RIC1514281
The Plaintiff: Grande v. Eisenhower Medical Center
The plaintiff, Grande, was assigned to work as a nurse at Eisenhower Medical Center by FlexCare, LLC, a temporary staffing agency. During her time working at Eisenhower Medical Center, Grande alleges she did not receive required mail and rest periods, was not paid wages earned for certain periods she worked, and did not receive overtime wages.
The Defendant: Grande v. Eisenhower Medical Center
The defendant in the case, Eisenhower Medical Center, worked with FlexCare LLC, a temporary staffing agency.
Summary of the Case: Grande v. Eisenhower Medical Center
The plaintiff’s claims were based solely on the time she was assigned to work at Eisenhower Medical Center by the temporary staffing agency, FlexCare LLC. Initially, the plaintiff filed a class-action lawsuit on behalf of FlexCare employees assigned to hospitals throughout California. FlexCare settled with the class, requiring the plaintiff to execute a release of claims. The trial court entered a judgment that incorporated the settlement agreement and release of claims. One year later, the plaintiff filed a second class-action citing Eisenhower Medical Center as the Defendant. FlexCare intervened, insisting that the plaintiff could not bring a separate lawsuit against Eisenhower as the claims were already settled in the previous class action. After a limited trial, the trial court ruled that Eisenhower was not a released party under the terms of the prior class action’s settlement agreement since Eisenhower was not named in the previous lawsuit. As such, Eisenhower Medical Center did not have a legal right to avail itself of the doctrine of res judicata; they were neither a party to the prior litigation nor privity with FlexCare, LLC. The appellate court upheld the trial court’s decision. The ruling on this case could affect how staffing agencies and the employers who work with them need to manage litigation in order to avoid duplicate litigation that would result in them paying twice for the same claims.
If you have questions about California employment law or if you need to discuss how to file a California class action, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
