CALLAHAN v. BROOKDALE SENIOR LIVING COMMUNITIES

No. 20-55603, No. 20-55761.

38 F.4th 813 (2022)

Carolyn D. CALLAHAN, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. BROOKDALE SENIOR LIVING COMMUNITIES, INC., a Delaware corporation; Brookdale Employee Services, LLC, a Delaware corporation; Brookdale Employee Services Corporate, LLC, a Delaware corporation; Summerville at Atherton Court, LLC, a Delaware limited liability company; Brookdale Vehicle Holding, LLC, a Delaware limited liability company; BKD Personal Assistance Services, LLC, a Delaware limited liability company; Emeritus Corporation, a Washington corporation; Brookdale Living Communities, Inc., a Delaware corporation; BKD Twenty-One Management Company, Inc., a Delaware corporation; Brookdale Senior Living, Inc., a Delaware corporation; Does, 1 through 100, Inclusive, Defendants-Appellees, v. Mishelle Neverson, Proposed Intervenor, Movant-Appellant. Carolyn D. Callahan, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. Brookdale Senior Living Communities, Inc., a Delaware corporation; Brookdale Employee Services, LLC, a Delaware corporation; Brookdale Employee Services Corporate, LLC, a Delaware corporation; Summerville at Atherton Court, LLC, a Delaware limited liability company; Brookdale Vehicle Holding, LLC, a Delaware limited liability company; BKD Personal Assistance Services, LLC, a Delaware limited liability company; Emeritus Corporation, a Washington corporation; Brookdale Living Communities, Inc., a Delaware corporation; BKD Twenty-One Management Company, Inc., a Delaware corporation; Brookdale Senior Living, Inc., a Delaware corporation; Does, 1 through 100, Inclusive, Defendants-Appellees, v. Mishelle Neverson, Proposed Intervenor, Movant-Appellant, and Nina Rejuso, Proposed Intervenor; Geneflor Sacro, Proposed Intervenor, Movants.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2022.


Attorney(s) appearing for the Case

Ryan H. Wu (argued) and Robert K. Friedl , Capstone Law APC, Los Angeles, California, for Movant-Appellant.

Joseph Socher (argued), Los Angeles, California; Andranik Tsarukyan and Armen Zenjiryan , Remedy Law Group LLP, Burbank, California; for Plaintiff-Appellee.

Keith A. Jacoby (argued), J. Kevin Lilly , Shannon R. Boyce , and Jeffrey J. Mann , Littler Mendelson P.C., Los Angeles, California; for Defendants-Appellees.

Before: Milan D. Smith, Jr. and John B. Owens, Circuit Judges, and Eduardo C. Robreno, District Judge.


OPINION

Carolyn Callahan is a plaintiff in an action brought against Brookdale Senior Living Communities, Inc. ("Brookdale"),1 her former employer, pursuant to the California Private Attorneys General Act ("PAGA"), Cal. Lab. Code sections 2698-2699.5, which allows aggrieved employees...

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