Case: Borrego v. Raley’s Family of Fine Stores

34-2015-00177687 | California state trial court

Filed Date: April 9, 2015

Case Ongoing

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Case Summary

On April 9, 2015, two pregnant workers brought this action in the Superior Court of California, Sacramento Division, against Raley’s Family of Fine Stores and unnamed individual defendants. The named plaintiffs, who had obtained right-to-sue letters from the California Department of Fair Employment and Housing and who were represented by both public interest and private counsel, alleged that Raley’s had denied them reasonable pregnancy accommodations, including roles that did not involve heavy …

On April 9, 2015, two pregnant workers brought this action in the Superior Court of California, Sacramento Division, against Raley’s Family of Fine Stores and unnamed individual defendants. The named plaintiffs, who had obtained right-to-sue letters from the California Department of Fair Employment and Housing and who were represented by both public interest and private counsel, alleged that Raley’s had denied them reasonable pregnancy accommodations, including roles that did not involve heavy lifting or mopping, and had instead reduced their working hours and benefits or forced them to go on leave. The plaintiffs sought class certification, alleging that Raley’s violated the Fair Employment and Housing Act, Cal. Gov’t Code § 12945(a), and the California Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 et seq. The plaintiffs sought damages for emotional distress, lost wages and employment benefits, and requested that the court grant restitution and compensatory and punitive damages to the plaintiffs along with declaratory and injunctive relief. The case was designated “complex,” meaning that it would be handled with special care by the court system and the presiding judge. Judge Alan G. Perkins was assigned to the case.

This Clearinghouse has little information about this state case because it has few documents available for public viewing.

Raley’s filed a Case Management Statement on December 22, 2015, declaring that the parties were meeting and conferring regarding discovery and class certification. The parties continued to meet, holding case management conferences throughout 2016.

On September 1, 2016, the plaintiffs filed a motion for an order approving an opt-out notice to putative class members. The defendants filed a motion in opposition on September 7, 2016, along with their own motion for a protective order. The parties disputed these orders over the next couple of months, culminating in hearings on the motions on November 4, 2016 and November 9, 2016. On January 6, 2017, Judge Perkins approved the plaintiffs’ opt-out notice.

On September 6, 2017, after several more months of case management conferences, the parties filed a joint stipulation and proposed order to vacate the class certification, and Judge Perkins issued an order to that effect on September 8, 2017. However, discovery disputes continued as the plaintiffs sought to compel documents and further responses to interrogatories.

On July 10, 2018, the parties filed a joint stipulation and proposed order giving the plaintiffs leave the file a first amended complaint, which Judge Perkins granted on July 12. The plaintiffs filed their first amended complaint on July 18, still seeking class certification. On August 16, 2018, the defendants filed their opposition to the plaintiffs’ motion for class certification.

The parties conducted a hearing November 1, 2018, focusing primarily on the defendants’ demurrer to the plaintiffs’ claims and on the defendants’ request to strike the plaintiffs’ first complaint from the record. The hearing continued on December 7, and on December 14, the court ordered several documents sealed at the defendants’ request.

The plaintiffs filed a second amended complaint on December 17, 2018, and the defendants moved to strike that complaint as well on January 22, 2019. The court and parties struggled to schedule a hearing on the class certification motion, rescheduling the hearing several times throughout 2019 as the parties continued to meet. On October 29, 2019, the parties filed a Joint Case Management Statement, continuing to request an extension of time to bring the case to trial.

Finally, on January 17, 2020, Judge Perkins issued an order granting the plaintiffs’ motion for preliminary approval of a class action settlement. Under the settlement, Raley’s agreed to pay $2.8 million to class members, including attorney’s fees and costs. The plaintiffs’ attorneys have established a class action website, avaliable here, seeking out putative class members who may be entitled to compensation.

The case is ongoing.

Summary Authors

Elizabeth Helpling (3/10/2020)

People


Attorney for Plaintiff

Diaz, Marisa (California)

Liu, Jennifer Lin (California)

Reisch, Jennifer Abby (California)

Sagafi, Jahan C (California)

Attorney for Defendant

Coyle, Daniel J (California)

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Documents in the Clearinghouse

Document

34-2015-00177687

Civil Case Details

Borrego v. Raley’s Family of Fine Stones

Jan. 17, 2020

Jan. 17, 2020

Docket

34-2015-00177687

Complaint for Damages and Declaratory and Injunctive Relief

April 9, 2015

April 9, 2015

Complaint

34-2015-00177687

Motion for Order Provisionally Certifying Settlement Class and Preliminarily Approving Class Settlement

None

None

Order/Opinion

Docket

Last updated Jan. 26, 2024, 1:12 p.m.

ECF Number Description Date Link Date / Link
1

Complaint filed.

April 9, 2015

April 9, 2015

3

Civil Case Cover Sheet filed.

April 9, 2015

April 9, 2015

2

Summons filed.

April 9, 2015

April 9, 2015

6

Case assigned to Department 35 .

April 9, 2015

April 9, 2015

4

Designated a complex action on 04/10/2015 .

April 10, 2015

April 10, 2015

5

Class Action designation removed effective 04/10/2015 .

April 10, 2015

April 10, 2015

8

Order - Other (Notice of Assignment to Department 35 for Complex Case Management Determination) filed.

April 30, 2015

April 30, 2015

7

Case Management Conference - Complex scheduled for 01/08/2016 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

May 1, 2015

May 1, 2015

9

Clerk's Certificate of Service By Mail (Minute Order) generated .

May 1, 2015

May 1, 2015

10

Proof of Service of 30-day Summons & Complaint - Substitute filed.

May 5, 2015

May 5, 2015

12

Stipulation and Order - Other (Protective Order) filed.

Oct. 29, 2015

Oct. 29, 2015

13

Order - Other (Stipulated Protective Order) filed.

Nov. 19, 2015

Nov. 19, 2015

14

Notice of Entry - Other (Notice of Entry of Protective Order) filed.

Nov. 25, 2015

Nov. 25, 2015

18

Notice of Change of Address/Telephone No. filed.

Dec. 21, 2015

Dec. 21, 2015

15

Case Management Statement filed.

Dec. 22, 2015

Dec. 22, 2015

16

Case Management Statement filed.

Dec. 23, 2015

Dec. 23, 2015

26

Notice - Other (Notice of Appearance) filed.

Dec. 29, 2015

Dec. 29, 2015

17

Liu, Jennifer Lin added as a effective 12/21/2015 .

Dec. 30, 2015

Dec. 30, 2015

19

Case Management Conference - Complex scheduled for 05/20/2016 at 10:30:00 AM in Department 35 at Gordon D Schaber Courthouse .

Jan. 8, 2016

Jan. 8, 2016

20

The Case Management Conference - Complex is scheduled for 05/20/2016 at 10:30 AM in Department 35.

Jan. 8, 2016

Jan. 8, 2016

21

Minutes finalized for Case Management Conference - Complex heard on 01/08/2016 09:00:00 AM .

Jan. 8, 2016

Jan. 8, 2016

22

Clerk's Certificate of Service By Mail (Minute Order) generated .

Jan. 8, 2016

Jan. 8, 2016

23

The Court declares this case complex.

Jan. 8, 2016

Jan. 8, 2016

24

Minutes finalized for Case Management Conference - Complex heard on 01/08/2016 09:00:00 AM .

Jan. 8, 2016

Jan. 8, 2016

25

Clerk's Certificate of Service By Mail (Minute Order) generated .

Jan. 8, 2016

Jan. 8, 2016

27

Case Management Statement filed.

May 5, 2016

May 5, 2016

28

Tentative Ruling for Case Management Conference - Complex set on 05/20/2016 10:30:00 AM published .

May 16, 2016

May 16, 2016

29

Case Management Conference - Complex scheduled for 09/01/2016 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

May 20, 2016

May 20, 2016

30

The Case Management Conference - Complex is scheduled for 09/01/2016 at 09:00 AM in Department 35.

May 20, 2016

May 20, 2016

31

Minutes finalized for Case Management Conference - Complex heard on 05/20/2016 10:30:00 AM .

May 20, 2016

May 20, 2016

32

Case Management Statement filed.

Aug. 18, 2016

Aug. 18, 2016

33

Case Management Conference - Complex scheduled for 03/10/2017 at 10:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

Sept. 1, 2016

Sept. 1, 2016

34

The Case Management Conference - Complex is scheduled for 03/10/2017 at 10:00 AM in Department 35.

Sept. 1, 2016

Sept. 1, 2016

35

Minutes finalized for Case Management Conference - Complex heard on 09/01/2016 09:00:00 AM .

Sept. 1, 2016

Sept. 1, 2016

36

Clerk's Certificate of Service By Mail (Minute Order) generated .

Sept. 1, 2016

Sept. 1, 2016

45

Motion - Other (Plaintiffs’ Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members; and Memorandum of Points and Authorities in Support Thereof) filed.

Sept. 1, 2016

Sept. 1, 2016

46

Declaration - Other (Declaration of Jennifer Liu in Support of Plaintiffs’ Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.

Sept. 1, 2016

Sept. 1, 2016

47

Proposed Order ([Proposed] Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.

Sept. 1, 2016

Sept. 1, 2016

41

Opposition (Defendant Raley's Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Putative Class Members) filed.

Sept. 7, 2016

Sept. 7, 2016

42

Declaration - Other (Declaration Of Shaye Schrick InSupport Of Defendant Raley's Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Putative Class Members) filed.

Sept. 7, 2016

Sept. 7, 2016

37

Motion for Protective Order filed.

Sept. 7, 2016

Sept. 7, 2016

38

Memorandum of Points and Authorities (in support of mtn for protective order) filed.

Sept. 7, 2016

Sept. 7, 2016

39

Declaration - Other (of Shaye Schrick in support of mtn for protective order) filed.

Sept. 7, 2016

Sept. 7, 2016

40

Motion for Protective Order - Civil Law and Motion scheduled for 10/04/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Sept. 8, 2016

Sept. 8, 2016

43

Minutes finalized for heard on 09/08/2016 11:17:00 AM .

Sept. 8, 2016

Sept. 8, 2016

44

Clerk's Certificate of Service By Mail (Minute Order) generated .

Sept. 8, 2016

Sept. 8, 2016

48

Motion - Other (Plaintiffs Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Member;and memorandum of points and Authorities in Support Thereof) filed.

Sept. 14, 2016

Sept. 14, 2016

52

Statement - Other (Plaintiffs Lucianna Borrego and Kirsten Kellys special Interrogatories to Defendant Raleys Family of Fine Stores(Set No.1)) filed.

Sept. 16, 2016

Sept. 16, 2016

49

Notice - Other (Plaintiffs Notice of Motion for Order Approving Issuace of Opt-Out Notice to Putative Class Members) filed.

Sept. 16, 2016

Sept. 16, 2016

50

Notice - Other (Plaintiffs Notice of Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.

Sept. 16, 2016

Sept. 16, 2016

51

Declaration - Other (Declaration of Jennifer Liu in support of Plaintiffs Motion for Order Approving Issuance Of Opt-Out Notice to Putative Class Members) filed.

Sept. 16, 2016

Sept. 16, 2016

53

Motion - Other - Complex scheduled for 10/19/2016 at 10:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

Sept. 21, 2016

Sept. 21, 2016

54

Opposition (plf opposition to defs' motion for protective order limiting disclosure of names and contact information in pregnancy discrimunation case to an opt in notice procedure) filed.

Sept. 21, 2016

Sept. 21, 2016

55

Declaration - Other (of Jennifer Liu) filed.

Sept. 21, 2016

Sept. 21, 2016

56

Reply (to Opposition to Motion for Protective Order) filed.

Sept. 26, 2016

Sept. 26, 2016

57

Declaration - Other (of Shaye Schrick in Support of Reply to Opposition to Motion for Protective Order) filed.

Sept. 26, 2016

Sept. 26, 2016

58

Notice of Errata filed.

Sept. 27, 2016

Sept. 27, 2016

59

Motion for Protective Order - Civil Law and Motion scheduled for 11/04/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Oct. 3, 2016

Oct. 3, 2016

60

Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 10/04/2016 02:00:00 PM .

Oct. 4, 2016

Oct. 4, 2016

61

Opposition (to plfs Motion for Order Apporving issuance of OPT-OUT Notice to Putativto plfs Motion for Order Approving issuance of OPT-OUT Notice to Putative Class Memberse Class Members) filed.

Oct. 4, 2016

Oct. 4, 2016

62

Declaration - Other (of Shaye Schrick in support of defs Oppositon to plfs Motion for Order Approving issuance of OPT-OUT Notice to Putative Class Members) filed.

Oct. 4, 2016

Oct. 4, 2016

64

Declaration - Other (Declaration Of Jahan Sagafi In Support Of Plaintiffs' Reply To Defendants' Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Class Members) filed.

Oct. 12, 2016

Oct. 12, 2016

65

Reply to Opposition (Plaintiff' Reply to Defendants' Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Class Members) filed.

Oct. 12, 2016

Oct. 12, 2016

66

Proof of Service filed.

Oct. 12, 2016

Oct. 12, 2016

63

Declaration - Other (Declaration Of Jennifer Liu In Support Of Plaintiffs' Reply To Defendants' Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To class Members) filed.

Oct. 12, 2016

Oct. 12, 2016

68

Tentative Ruling for Motion - Other - Complex set on 10/19/2016 10:00:00 AM published .

Oct. 18, 2016

Oct. 18, 2016

69

Motion - Other - Civil Law and Motion scheduled for 11/04/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Oct. 19, 2016

Oct. 19, 2016

70

The Motion - Other - Civil Law and Motion is scheduled for 11/04/2016 at 02:00 PM in Department 53.

Oct. 19, 2016

Oct. 19, 2016

71

Minutes finalized for Motion - Other - Complex heard on 10/19/2016 10:00:00 AM .

Oct. 19, 2016

Oct. 19, 2016

72

Motion - Other - Civil Law and Motion scheduled for 11/09/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Nov. 3, 2016

Nov. 3, 2016

73

Motion for Protective Order - Civil Law and Motion scheduled for 11/09/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .

Nov. 4, 2016

Nov. 4, 2016

74

Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 11/04/2016 02:00:00 PM .

Nov. 4, 2016

Nov. 4, 2016

75

Minutes finalized for Motion - Other - Civil Law and Motion heard on 11/04/2016 02:00:00 PM .

Nov. 4, 2016

Nov. 4, 2016

76

Minutes finalized for Motion - Other - Civil Law and Motion heard on 11/09/2016 02:00:00 PM .

Nov. 9, 2016

Nov. 9, 2016

77

Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 11/09/2016 02:00:00 PM .

Nov. 9, 2016

Nov. 9, 2016

78

Proposed Order (Approving Issuance of Opt-Out Notice to Putative Class Members) filed.

Dec. 27, 2016

Dec. 27, 2016

79

Order - Other (Order Approving Issuance of Opt-Out Notice) filed.

Jan. 6, 2017

Jan. 6, 2017

80

Notice of Change of Address/Telephone No. filed.

Feb. 9, 2017

Feb. 9, 2017

81

Case Management Statement filed.

Feb. 22, 2017

Feb. 22, 2017

82

Tentative Ruling for Case Management Conference - Complex set on 03/10/2017 10:00:00 AM published .

March 6, 2017

March 6, 2017

83

Case Management Conference - Complex scheduled for 06/02/2017 at 01:30:00 PM in Department 35 at Gordon D Schaber Courthouse .

March 10, 2017

March 10, 2017

84

The Case Management Conference - Complex is scheduled for 06/02/2017 at 01:30 PM in Department 35.

March 10, 2017

March 10, 2017

85

Minutes finalized for Case Management Conference - Complex heard on 03/10/2017 10:00:00 AM .

March 10, 2017

March 10, 2017

86

Case Management Statement filed.

May 18, 2017

May 18, 2017

87

Case Management Conference - Complex scheduled for 02/01/2018 at 01:30:00 PM in Department 35 at Gordon D Schaber Courthouse .

June 2, 2017

June 2, 2017

88

Motion to Certify a Class Action - Complex scheduled for 02/01/2018 at 01:30:00 PM in Department 35 at Gordon D Schaber Courthouse .

June 2, 2017

June 2, 2017

89

The Case Management Conference - Complex is scheduled for 02/01/2018 at 01:30 PM in Department 35.

June 2, 2017

June 2, 2017

90

The Motion to Certify a Class Action - Complex is scheduled for 02/01/2018 at 01:30 PM in Department 35.

June 2, 2017

June 2, 2017

91

Minutes finalized for Case Management Conference - Complex heard on 06/02/2017 01:30:00 PM .

June 2, 2017

June 2, 2017

92

Clerk's Certificate of Service By Mail (Minute Order) generated .

June 2, 2017

June 2, 2017

94

Correspondence (Correspondence Re Request for Conference) filed.

June 9, 2017

June 9, 2017

93

Motion - Other - Civil Special Sets scheduled for 07/18/2017 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

June 14, 2017

June 14, 2017

95

Minutes finalized for Motion - Other - Civil Special Sets heard on 07/18/2017 09:00:00 AM .

July 18, 2017

July 18, 2017

96

Clerk's Certificate of Service By Mail (Minute Order) generated .

July 18, 2017

July 18, 2017

97

Stipulation and Order (to Vacate Class Certification/Decertification Briefing & Hearing Dates) filed.

Sept. 6, 2017

Sept. 6, 2017

98

Order - Other (Joint Stipulation and Order to Vacate Class Certification/Decertification Briefing and Hearing Schedule Dates and Schedule Case Management Conference) filed.

Sept. 8, 2017

Sept. 8, 2017

101

Notice - Other filed.

Sept. 13, 2017

Sept. 13, 2017

100

Case Management Conference - Complex scheduled for 10/17/2017 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

Sept. 25, 2017

Sept. 25, 2017

102

Case Management Statement filed.

Sept. 29, 2017

Sept. 29, 2017

103

Case Management Conference - Complex scheduled for 01/18/2018 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

Oct. 17, 2017

Oct. 17, 2017

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 9, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pregnant employees who were denied accommodations by Raley’s Family of Fine Stores

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Outten & Golden

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Raley's Family of Fine Stores, Private Entity/Person

Case Details

Causes of Action:

State law

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 2,800,000

Issues

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Pregnancy discrimination

Affected Sex or Gender:

Female