2017-00210560-CU-OE

Andrea Spears vs. Health Net of California, Inc.

Nature of Proceeding: Motion for Order for Opt-Out Privacy Notice to be Sent to the Class

Filed By: Rivapalacio, Victoria B.

Plaintiff’s motion for order re: opt-out privacy notice to be sent to potential class members was previously set for hearing on 12/18/2017 but was continued to this date to permit the parties to further meet-and-confer on the issues presented by this motion. Having received the parties’ joint statement indicating they have resolved all but one of the issues, the Court now issues the following tentative ruling.

Factual Background

This is a putative class action relating to defendant Health Net of California, Inc.’s alleged violation of the wage-and-hour laws. It was recently consolidated with another similar action brought by plaintiff Arana and a consolidated complaint for both actions was filed on 12/21/2017. Paragraph 11 provides the following definitions for the proposed classes:

Non-Exempt Class: All persons employed by Health Net of California, Inc. and Health Net, Inc. and/or any staffing agencies and/or any other third parties in hourly or non-exempt positions in California during the Relevant Time Period.

…

Exempt Class: All persons employed by Health Net of California, Inc. and Health Net, Inc. and/or any staffing agencies and/or any other third parties in California as a Business Analyst, Systems Analyst, Contact Center Analyst or Analyst during the Relevant Time Period.
(Bold in original; underline added for emphasis.)

The Court notes that plaintiffs have yet to sue as a defendant any staffing agency or other third party which is alleged to have provided labor to Health Net of California, Inc.

Plaintiff now seeks an order requiring that notice to be sent to all of the putative class members to enable them to opt out of the disclosure of their private, personal contact information pursuant to Williams v. Superior Court (2017) 3 Cal.5th 531. In conjunction, plaintiff also seeks the appointment of a third party administrator to handle these opt-out notices and the establishment of a date by which defendant employer must thereafter provide the contact information of those who do not timely opt out of the disclosure.

Defendant Health Net of California, Inc. objects to plaintiff’s proposal to send the opt-out notice to those persons employed by any staffing agencies or other third parties since plaintiff has yet to identify any of these staffing agencies or other third parties and since none of these staffing agencies or other third parties have been joined to this lawsuit. In short, the opposition insists the notice should be sent only to the past and current employees of Health Net of California, Inc. itself.

Conclusion

The Court agrees with defendant, given that plaintiff has yet to identify or name as a defendant any of the staffing agencies or other third parties which may have provided labor to Health Net of California, Inc. during the relevant time period.

If and when the staffing agencies and/or other third parties are identified and brought into this action, plaintiff may seek an order permitting opt-out notice for these additional putative class members.