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 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)

Attorney for Plaintiff

Diaz, Marisa (California)

Liu, Jennifer Lin (California)

Reisch, Jennifer Abby (California)

Sagafi, Jahan C (California)

Sun, Relic (California)

Attorney for Defendant

Coyle, Daniel J (California)

Documents in the Clearinghouse

Documents in this case

15-177687	Civil Case Details Borrego v. Raley’s Family of Fine Stones	Jan. 17, 2020	Jan. 17, 2020 Docket
15-177687	Complaint for Damages and Declaratory and Injunctive Relief	April 9, 2015	April 9, 2015 Complaint
15-177687	Motion for Order Provisionally Certifying Settlement Class and Preliminarily Approving Class Settlement		None Order/Opinion

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Docket

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

ECF Number	Date	Description	Link
1	April 9, 2015	Complaint filed.	Docket Alarm
2	April 9, 2015	Summons filed.	Docket Alarm
3	April 9, 2015	Civil Case Cover Sheet filed.	Docket Alarm
6	April 9, 2015	Case assigned to Department 35 .
4	April 10, 2015	Designated a complex action on 04/10/2015 .
5	April 10, 2015	Class Action designation removed effective 04/10/2015 .
8	April 30, 2015	Order - Other (Notice of Assignment to Department 35 for Complex Case Management Determination) filed.	Docket Alarm
7	May 1, 2015	Case Management Conference - Complex scheduled for 01/08/2016 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
9	May 1, 2015	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
10	May 5, 2015	Proof of Service of 30-day Summons & Complaint - Substitute filed.	Docket Alarm
12	Oct. 29, 2015	Stipulation and Order - Other (Protective Order) filed.	Docket Alarm
13	Nov. 19, 2015	Order - Other (Stipulated Protective Order) filed.	Docket Alarm
14	Nov. 25, 2015	Notice of Entry - Other (Notice of Entry of Protective Order) filed.	Docket Alarm
18	Dec. 21, 2015	Notice of Change of Address/Telephone No. filed.	Docket Alarm
15	Dec. 22, 2015	Case Management Statement filed.	Docket Alarm
16	Dec. 23, 2015	Case Management Statement filed.	Docket Alarm
26	Dec. 29, 2015	Notice - Other (Notice of Appearance) filed.	Docket Alarm
17	Dec. 30, 2015	Liu, Jennifer Lin added as a effective 12/21/2015 .
19	Jan. 8, 2016	Case Management Conference - Complex scheduled for 05/20/2016 at 10:30:00 AM in Department 35 at Gordon D Schaber Courthouse .
20	Jan. 8, 2016	The Case Management Conference - Complex is scheduled for 05/20/2016 at 10:30 AM in Department 35.
21	Jan. 8, 2016	Minutes finalized for Case Management Conference - Complex heard on 01/08/2016 09:00:00 AM .	Docket Alarm
22	Jan. 8, 2016	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
23	Jan. 8, 2016	The Court declares this case complex.
24	Jan. 8, 2016	Minutes finalized for Case Management Conference - Complex heard on 01/08/2016 09:00:00 AM .	Docket Alarm
25	Jan. 8, 2016	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
27	May 5, 2016	Case Management Statement filed.	Docket Alarm
28	May 16, 2016	Tentative Ruling for Case Management Conference - Complex set on 05/20/2016 10:30:00 AM published .	Docket Alarm
29	May 20, 2016	Case Management Conference - Complex scheduled for 09/01/2016 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
30	May 20, 2016	The Case Management Conference - Complex is scheduled for 09/01/2016 at 09:00 AM in Department 35.
31	May 20, 2016	Minutes finalized for Case Management Conference - Complex heard on 05/20/2016 10:30:00 AM .	Docket Alarm
32	Aug. 18, 2016	Case Management Statement filed.	Docket Alarm
33	Sept. 1, 2016	Case Management Conference - Complex scheduled for 03/10/2017 at 10:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
34	Sept. 1, 2016	The Case Management Conference - Complex is scheduled for 03/10/2017 at 10:00 AM in Department 35.
35	Sept. 1, 2016	Minutes finalized for Case Management Conference - Complex heard on 09/01/2016 09:00:00 AM .	Docket Alarm
36	Sept. 1, 2016	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
45	Sept. 1, 2016	Motion - Other (Plaintiffsâ Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members; and Memorandum of Points and Authorities in Support Thereof) filed.	Docket Alarm
46	Sept. 1, 2016	Declaration - Other (Declaration of Jennifer Liu in Support of Plaintiffsâ Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
47	Sept. 1, 2016	Proposed Order ([Proposed] Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
37	Sept. 7, 2016	Motion for Protective Order filed.	Docket Alarm
38	Sept. 7, 2016	Memorandum of Points and Authorities (in support of mtn for protective order) filed.	Docket Alarm
39	Sept. 7, 2016	Declaration - Other (of Shaye Schrick in support of mtn for protective order) filed.	Docket Alarm
41	Sept. 7, 2016	Opposition (Defendant Raley's Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Putative Class Members) filed.	Docket Alarm
42	Sept. 7, 2016	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.	Docket Alarm
40	Sept. 8, 2016	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 .
43	Sept. 8, 2016	Minutes finalized for heard on 09/08/2016 11:17:00 AM .	Docket Alarm
44	Sept. 8, 2016	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
48	Sept. 14, 2016	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.	Docket Alarm
49	Sept. 16, 2016	Notice - Other (Plaintiffs Notice of Motion for Order Approving Issuace of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
50	Sept. 16, 2016	Notice - Other (Plaintiffs Notice of Motion for Order Approving Issuance of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
51	Sept. 16, 2016	Declaration - Other (Declaration of Jennifer Liu in support of Plaintiffs Motion for Order Approving Issuance Of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
52	Sept. 16, 2016	Statement - Other (Plaintiffs Lucianna Borrego and Kirsten Kellys special Interrogatories to Defendant Raleys Family of Fine Stores(Set No.1)) filed.	Docket Alarm
53	Sept. 21, 2016	Motion - Other - Complex scheduled for 10/19/2016 at 10:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
54	Sept. 21, 2016	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.	Docket Alarm
55	Sept. 21, 2016	Declaration - Other (of Jennifer Liu) filed.	Docket Alarm
56	Sept. 26, 2016	Reply (to Opposition to Motion for Protective Order) filed.	Docket Alarm
57	Sept. 26, 2016	Declaration - Other (of Shaye Schrick in Support of Reply to Opposition to Motion for Protective Order) filed.	Docket Alarm
58	Sept. 27, 2016	Notice of Errata filed.	Docket Alarm
59	Oct. 3, 2016	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 .
60	Oct. 4, 2016	Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 10/04/2016 02:00:00 PM .	Docket Alarm
61	Oct. 4, 2016	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.	Docket Alarm
62	Oct. 4, 2016	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.	Docket Alarm
63	Oct. 12, 2016	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.	Docket Alarm
64	Oct. 12, 2016	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.	Docket Alarm
65	Oct. 12, 2016	Reply to Opposition (Plaintiff' Reply to Defendants' Opposition To Plaintiffs' Motion For Order Approving Issuance Of Opt-Out Notice To Class Members) filed.	Docket Alarm
66	Oct. 12, 2016	Proof of Service filed.	Docket Alarm
68	Oct. 18, 2016	Tentative Ruling for Motion - Other - Complex set on 10/19/2016 10:00:00 AM published .	Docket Alarm
69	Oct. 19, 2016	Motion - Other - Civil Law and Motion scheduled for 11/04/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .
70	Oct. 19, 2016	The Motion - Other - Civil Law and Motion is scheduled for 11/04/2016 at 02:00 PM in Department 53.
71	Oct. 19, 2016	Minutes finalized for Motion - Other - Complex heard on 10/19/2016 10:00:00 AM .	Docket Alarm
72	Nov. 3, 2016	Motion - Other - Civil Law and Motion scheduled for 11/09/2016 at 02:00:00 PM in Department 53 at Gordon D Schaber Courthouse .
73	Nov. 4, 2016	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 .
74	Nov. 4, 2016	Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 11/04/2016 02:00:00 PM .	Docket Alarm
75	Nov. 4, 2016	Minutes finalized for Motion - Other - Civil Law and Motion heard on 11/04/2016 02:00:00 PM .	Docket Alarm
76	Nov. 9, 2016	Minutes finalized for Motion - Other - Civil Law and Motion heard on 11/09/2016 02:00:00 PM .	Docket Alarm
77	Nov. 9, 2016	Minutes finalized for Motion for Protective Order - Civil Law and Motion heard on 11/09/2016 02:00:00 PM .	Docket Alarm
78	Dec. 27, 2016	Proposed Order (Approving Issuance of Opt-Out Notice to Putative Class Members) filed.	Docket Alarm
79	Jan. 6, 2017	Order - Other (Order Approving Issuance of Opt-Out Notice) filed.	Docket Alarm
80	Feb. 9, 2017	Notice of Change of Address/Telephone No. filed.	Docket Alarm
81	Feb. 22, 2017	Case Management Statement filed.	Docket Alarm
82	March 6, 2017	Tentative Ruling for Case Management Conference - Complex set on 03/10/2017 10:00:00 AM published .	Docket Alarm
83	March 10, 2017	Case Management Conference - Complex scheduled for 06/02/2017 at 01:30:00 PM in Department 35 at Gordon D Schaber Courthouse .
84	March 10, 2017	The Case Management Conference - Complex is scheduled for 06/02/2017 at 01:30 PM in Department 35.
85	March 10, 2017	Minutes finalized for Case Management Conference - Complex heard on 03/10/2017 10:00:00 AM .	Docket Alarm
86	May 18, 2017	Case Management Statement filed.	Docket Alarm
87	June 2, 2017	Case Management Conference - Complex scheduled for 02/01/2018 at 01:30:00 PM in Department 35 at Gordon D Schaber Courthouse .
88	June 2, 2017	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 .
89	June 2, 2017	The Case Management Conference - Complex is scheduled for 02/01/2018 at 01:30 PM in Department 35.
90	June 2, 2017	The Motion to Certify a Class Action - Complex is scheduled for 02/01/2018 at 01:30 PM in Department 35.
91	June 2, 2017	Minutes finalized for Case Management Conference - Complex heard on 06/02/2017 01:30:00 PM .	Docket Alarm
92	June 2, 2017	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
94	June 9, 2017	Correspondence (Correspondence Re Request for Conference) filed.	Docket Alarm
93	June 14, 2017	Motion - Other - Civil Special Sets scheduled for 07/18/2017 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
95	July 18, 2017	Minutes finalized for Motion - Other - Civil Special Sets heard on 07/18/2017 09:00:00 AM .	Docket Alarm
96	July 18, 2017	Clerk's Certificate of Service By Mail (Minute Order) generated .	Docket Alarm
97	Sept. 6, 2017	Stipulation and Order (to Vacate Class Certification/Decertification Briefing & Hearing Dates) filed.	Docket Alarm
98	Sept. 8, 2017	Order - Other (Joint Stipulation and Order to Vacate Class Certification/Decertification Briefing and Hearing Schedule Dates and Schedule Case Management Conference) filed.	Docket Alarm
101	Sept. 13, 2017	Notice - Other filed.	Docket Alarm
100	Sept. 25, 2017	Case Management Conference - Complex scheduled for 10/17/2017 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .
102	Sept. 29, 2017	Case Management Statement filed.	Docket Alarm
103	Oct. 17, 2017	Case Management Conference - Complex scheduled for 01/18/2018 at 09:00:00 AM in Department 35 at Gordon D Schaber Courthouse .

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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

Private Entity/Person

Raley's Family of Fine Stores

Case Details

Causes of Action:

State Anti-Discrimination Law

State law

Other Dockets:

California state trial court 34-2015-00177687

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

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/Gender(s):

Female

Recommended Citation

Case Summary of Borrego v. Raley’s Family of Fine Stores, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16216/ (last updated 3/10/2020).