Santos v. Vitas Healthcare 7/14/11 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B222645

Case Date: 09/28/2011

Preview:Filed 7/14/11 Santos v. Vitas Healthcare CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

BERNADETTE SANTOS et al., Plaintiffs and Appellants, v. VITAS HEALTHCARE CORPORATION OF CALIFORNIA et al., Defendants and Respondents.

B222645 (Los Angeles County Super. Ct. No. BC359356)

APPEAL from a judgment of the Superior Court of Los Angeles County. Emilie H. Elias, Judge. Affirmed in part and reversed in part.

Arias Ozzello & Gignac, Mike Arias, Mikael H. Stahle and Mark A. Ozzello, for Plaintiffs and Appellants.

Curiale Hirschfeld Kraemer, Reed E. Schaper and Robert R. Flemer, for Defendants and Respondents.

__________________________

Plaintiffs Bernadette Santos, Joyce White, Keith Knoche, and Jerry Shirley, for themselves individually and as proposed class representatives, appeal from the trial court`s denial of their motion for class certification. We affirm in part and reverse in part. FACTS AND PROCEEDINGS Respondent VITAS Healthcare Corporation of California provides end-of-life hospice care and bereavement services to terminally ill patients in patients` homes and nursing facilities. (VITAS is a subsidiary of respondent Chemed Corporation, but Chemed Corporation`s conduct is not at issue in this appeal.) VITAS employs teams of admission nurses, chaplains, and sales representatives to deliver its care to patients. Appellant Bernadette Santos worked for VITAS as an admissions nurse, appellants Keith Knoche and Jerry Shirley were chaplains, and appellant Joyce White was a sales representative. In 2006, appellants filed their original complaint (later superseded by their operative third amended complaint) for themselves and as proposed class representatives for all other similarly situated VITAS employees. (Code Civ. Proc.,

Download Santos v. Vitas Healthcare 7/14/11 CA2/8.pdf