This case was last updated from Santa Clara County Superior Courts on 08/14/2019 at 07:49:35 (UTC).

Mendoza v. Planned Parenthood Mar Monte, Inc.

Case Summary

On 06/13/2018 Mendoza filed a Labor - Other Labor lawsuit against Planned Parenthood Mar Monte, Inc. This case was filed in Santa Clara County Superior Courts, Downtown Superior Court located in Santa Clara, California. The Judge overseeing this case is Walsh, Brian C. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ******9544

  • Filing Date:

    06/13/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Santa Clara County Superior Courts

  • Courthouse:

    Downtown Superior Court

  • County, State:

    Santa Clara, California

Judge Details

Judge

Walsh, Brian C

 

Party Details

Plaintiff

Mendoza, Christina

Defendant

Planned Parenthood Mar Monte, Inc.

Not Classified By Court

Superior Court of California

Attorney/Law Firm Details

Plaintiff Attorney

Lee, Larry W

Defendant Attorney

Falcone, Elizabeth A

Not Classified By Court Attorney

Superior Court of CA, County of Santa Clara

 

Court Documents

Statement: Case Management Conference

Joint CMC Statement: Comment: HRG 10/26/18 - Joint Case Management Conference Statement

Complaint: Amended

Complaint First Amended: Comment: First Amended Complaint

Notice

Notice CMC reset from 10-5-18 to 10-26-18: Comment: CMC reset from 10/5/18 to 10/26/18

Answer (Unlimited) (Fee Applies)

31210291 - notice.pdf: Comment: Notice of Appearance

Proof of Service: Summons DLR (Civil)

Proof of Service of Summons Complaint: Comment: Proof of Service of Summons

Order: Deeming Case Complex

Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/BCW

Civil Lawsuit Notice

Civil Lawsuit Notice: Comment: 1st CMC set for 10/5/18 at 10am in D1; assigned to Hon. Brian C. Walsh

Summons: Issued/Filed

Summons: Issued/Filed:

Civil Case Cover Sheet

Civil Case Cover Sheet: Comment: COMPLEX

Notice

Notice CMC reset from 2-22-19 to 7-19-19: Comment: CMC reset from 2/22/19 to 7/19/19

Notice

Joint Notice re ADR: Comment: Joint Notice re ADR

Order: Proposed

Proposed Order: Comment: Proposed Order re PHV Application

Application: Pro Hac Vice

Application Pro Hac Vice Carlie E. Bacon HRG 1-4-19: Comment: Pro Hac Vice Application of Carlie Bacon HRG 1/4/19

Order: Proposed

Proposed Order: Comment: HRG 1/4/19 Proposed Order Granting Pro Hac Vice of Barrett

Application: Pro Hac Vice

Application Pro Hac Vice James M. Barrett HRG 1-4-19: Comment: HRG 1/4/19 Application or Renewal to Appear Pro Hoc Vice

Stipulation and Order

Stipulation and Order Granting Extension of Time to Select Mediator: Comment: Stipulation & Order Granting Extension of Time to Select Mediator - signed/BCW

Answer: Amended Complaint

Answer First Amended Complaint: Comment: Answer to First Amended Complaint

Notice

Notice CMC 2-22-19 10am D1: Comment: CMC set for 2/22/19 at 10am in D1

9 More Documents Available

 

Docket Entries

  • 12/20/2019
  • Conference: Case Management - Judicial Officer: Walsh, Brian C; Hearing Time: 10:00 AM; Comment: (2nd CMC) Proposed Class Action * Employment * Discovery and responsive pleading deadline stayed, as of 6/13/18, when the case was deemed complex. First Amended Complaint filed 8/14/18; answer thereto filed 11/21/18. Parties will report on status of mediation efforts. Time to select mediator extended to 12/10/18, by stip & order entered 11/29/18. On 12/20/18, the parties reported to the Court that they have jointly selected Mark Rudy as the mediator, and mediation is set for 6/19/19; reset to 11/26/19. Attorneys James M. Barrett and Carlie E. Bacon admitted as counsel pro hac vice on behalf of Defendant Planned Parenthood Mar Monte, Inc. on 1/2/19.

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  • 07/15/2019
  • Notice - Comment: CMC reset from 8/9/19 to 12/20/19

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  • 05/16/2019
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  • Notice - Notice CMC reset from 7-19-19 to 8-9-19: Comment: CMC reset from 7/19/19 to 8/9/19

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  • 01/04/2019
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  • Hearing: Pro Hac Vice Counsel - Application Pro Hac Vice Carlie E. Bacon HRG 1-4-19: Order Granting Pro Hac Vice Application of Carlie E. Bacon: Judicial Officer: Walsh, Brian C; Hearing Time: 9:00 AM; Cancel Reason: Vacated; Comment: Carlie E. Bacon, for Defendant Planned Parenthood Mar Monte, Inc.

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  • 01/04/2019
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  • Hearing: Pro Hac Vice Counsel - Application Pro Hac Vice James M. Barrett HRG 1-4-19: Order Granting Pro Hac Vice Application of James M. Barrett: Judicial Officer: Walsh, Brian C; Hearing Time: 9:00 AM; Cancel Reason: Vacated; Comment: James M. Barrett, for Defendant Planned Parenthood Mar Monte, Inc.

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  • 01/02/2019
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  • Order - Order Granting Pro Hac Vice Application of James M. Barrett: Comment: Order Granting Pro Hac Vice Application of James M. Barrett - signed/BCW

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  • 01/02/2019
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  • Order - Order Granting Pro Hac Vice Application of Carlie E. Bacon: Comment: Order Granting Pro Hac Vice Application of Carlie E. Bacon - signed/BCW

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  • 01/02/2019
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  • Notice - Notice CMC reset from 2-22-19 to 7-19-19: Comment: CMC reset from 2/22/19 to 7/19/19

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  • 12/20/2018
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  • Notice - Joint Notice re ADR: Comment: Joint Notice re ADR

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  • 12/03/2018
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  • Application: Pro Hac Vice - Application Pro Hac Vice Carlie E. Bacon HRG 1-4-19: Comment: Pro Hac Vice Application of Carlie Bacon HRG 1/4/19

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5 More Docket Entries
  • 10/26/2018
  • Minute Order

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  • 10/19/2018
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  • Statement: Case Management Conference - Joint CMC Statement: Comment: HRG 10/26/18 - Joint Case Management Conference Statement

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  • 08/14/2018
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  • Complaint: Amended - Complaint First Amended: Comment: First Amended Complaint

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  • 07/30/2018
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  • Notice - Notice CMC reset from 10-5-18 to 10-26-18: Comment: CMC reset from 10/5/18 to 10/26/18

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  • 07/18/2018
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  • Answer (Unlimited) (Fee Applies) - 31210291 - notice.pdf: Comment: Notice of Appearance

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  • 06/27/2018
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  • Proof of Service: Summons DLR (Civil) - Proof of Service of Summons Complaint: Comment: Proof of Service of Summons

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  • 06/13/2018
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  • Order: Deeming Case Complex - Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline: Comment: Order Deeming Case Complex and Staying Discovery and Responsive Pleading Deadline signed/BCW

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  • 06/13/2018
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  • Civil Lawsuit Notice - Civil Lawsuit Notice: Comment: 1st CMC set for 10/5/18 at 10am in D1; assigned to Hon. Brian C. Walsh

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  • 06/13/2018
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  • Summons: Issued/Filed - Summons Issued Filed:

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  • 06/13/2018
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  • Civil Case Cover Sheet - Civil Case Cover Sheet: Comment: COMPLEX

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Complaint Information

18CV 329544

Santa Clara - Civil

) | Electronically Filed Elizabeth A. Falcone, CA Bar No. 219084 by Superior Court of CA,

elizabeth.falcone@ogletree.com

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, p.ccounty of Santa Clara, 222 SW Columbia Street, Suite 1500 Reviewed By: R. Walker Portland, OR 97201 Case #18CV329544 Telephone: 503.552.2140 Envelope: 2197317 Facsimile ;: 503.552.2100

Attorney for Defendant

PLANNED PARENTHOOD MAR MONTE, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA

CHRISTINA MENDOZA, on behalf of herself | Case No. 18CV329544 and all other similarly situated employees, , Honorable Brian C. Walsh

Plaintiff, Department 1

DEFENDANT PLANNED PARENTHOOD

VS. MAR MONTE, INC.’S ANSWER TO

PLAINTIFF’S FIRST AMENDED CLASS

PLANNED PARENTHOOD MAR MONTE, ACTION COMPLAINT

INC., a California Corporation; and DOES 1 through 100, inclusive

Defendants. Action Filed: June 13, 2018 Trial Date: Not set

TO PLAINTIFF CHRISTINA MENDOZA, AND TO HER ATTORNEYS OF

RECORD: Defendant PLANNED PARENTHOOD MAR MONTE, INC. (“Defendant”) hereby

answers Plaintiff CHRISTINA MENDOZA’S (“Plaintiff”’) purported First Amended Class Action

Complaint (the “Complaint™) as follows:

GENERAL DENIAL

The Complaint is not verified. Thus, pursuant to California Code of Civil Procedure Section 431.30(d), Defendant denies generally each and all of the allegations in the Complaint, including, but not limited to, the allegations that the putative class members whom Plaintiff

purports to represent and/or Plaintiff herself is entitled to any of the relief requested in thepage 1 can't be parsed

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FIFTEENTH AFFIRMATIVE DEFENSE

(De Minimis)

15. Plaintiffs’ purported claims set forth in the Complaint are or may be barred on the grounds that any such violations were de minimis, and ignoring the de minimis violation of the law, Defendant complied with its obligation under the California Labor Code and/or wage and hour laws.

SIXTEENTH AFFIRMATIVE DEFENSE

(Set-Off and Recoupment)

16. Should Plaintiffs prevail on one or more of the purported claims set forth in the Complaint against Defendant, the award is barred, in whole or in part, because Defendant is entitled to a set-éff against any amounts awarded to Plaintiff and/or the members of the putative class (the existence of which is expressly disputed) equal to the amounts Defendant has already paid Plaintiff and/or the putative class members, and Defendant reserves the right to assert a claim for recoupment in the event of overpayment.

SEVENTEENTH AFFIRMATIVE DEFENSE

(Consent)

17. The claims alleged in the Complaint are barred, in whole or in part, because Plaintiff and the putative class members consented to and/or acquiesced in the alleged conduct by Defendant of which Plaintiffs now complain.

i EIGHTEENTH AFFIRMATIVE DEFENSE (Estoppel)

18. To the extent Plaintiff and/or the members of the putative class (the existence of which is expressly disputed) failed to accurately report their hours worked, their claims are barred by the doctrine of equitable estoppel. Each of the purported claims set forth in the Complaint is also barred, in whole or in part, by the doctrine of estoppel in that, inter alia, Plaintiff and/or the members of the putative class (the existence of which is expressly disputed) through their actions and representations led Defendant to believe that they were properly paid and received all wages to

which they were legally entitled.

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DATED: November 21, 2018 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

BY: 2(4( a - jfl Elizabeth &\. Falcone

Attorneys for Defendant PLANNED PARENTHOOD MAR MONTE, INC.

e

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