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Donohue v. AMN Services, LLC

Court of Appeal of California, Fourth Appellate District, Division One

November 21, 2018, Opinion Filed

D071865

Opinion

 [**117]  IRION, J.—In this wage and hour class and representative action, the trial court granted a motion for summary judgment brought by defendant AMN Services, LLC (AMN), and denied motions for summary adjudication of one cause of action and one affirmative defense brought by plaintiff Kennedy Donohue, individually and on behalf of five certified plaintiff classes she represents (together Plaintiffs). In her appeal from the judgment, Donohue challenges the grant of AMN's motion for summary judgment and the denial of her motion for summary adjudication of one of the causes of action. On appeal, Donohue also challenges what she characterizes as the trial court's “fail[ure] to hear [***2]  a proper motion for reconsideration” of the summary judgment and summary adjudication rulings.

As we explain, we lack jurisdiction to review the postjudgment order that resulted in the court's decision not to hear Donohue's motion for reconsideration, and in our de novo review of the summary judgment and summary adjudication rulings, we conclude that Donohue did not meet her burden of establishing reversible error. Accordingly, we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

] “‘Because this case comes before us after the trial court granted a motion  [**118]  for summary judgment, we take the facts from the record that was before the trial court when it ruled on that motion.’” (Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 716–717 [68 Cal. Rptr. 3d 746, 171 P.3d 1082].) We consider all the evidence in the moving and opposing papers, liberally construing and reasonably deducing inferences from Donohue's evidence, resolving any doubts in the evidence in Donohue's favor. (Id. at p. 717; Code Civ. Proc., § 437c, subd. (c).) For the most part, the relevant facts are not in dispute.

A. The Parties

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29 Cal. App. 5th 1068 *; 241 Cal. Rptr. 3d 111 **; 2018 Cal. App. LEXIS 1134 ***

KENNEDY DONOHUE, Plaintiff and Appellant, v. AMN SERVICES, LLC, Defendant and Respondent.

Notice: As modified Dec. 28, 2018.

 THE SUPREME COURT OF CALIFORNIA GRANTED REVIEW IN THIS MATTER (see Cal. Rules of Court, rules 8.1105(e)(1)(B), 8.1115(e)) March 27, 2019, S253677.

Subsequent History:  [***1] The Publication Status of this Document has been Changed by the Court from Unpublished to Published December 10, 2018.

Modified by Donohue v. AMN Services, LLC, 2018 Cal. App. LEXIS 1216 (Cal. App. 4th Dist., Dec. 28, 2018)

Review granted by, Request denied by Donohue v. AMN Services, LLC, 245 Cal. Rptr. 3d 1, 436 P.3d 899, 2019 Cal. LEXIS 2089 (Cal., Mar. 27, 2019)

Request granted Donohue v. AMN Services, LLC, 2019 Cal. LEXIS 3028 (Cal., Apr. 10, 2019)

Request granted Donohue v. AMN Services, LLC., 2019 Cal. LEXIS 4104 (Cal., June 10, 2019)

Request granted Donohue v. AMN Services, LLC., 2019 Cal. LEXIS 5961 (Cal., Aug. 8, 2019)

Request granted Donohue v. Amn Servs., 2019 Cal. LEXIS 8331 (Cal., Oct. 29, 2019)

Prior History: APPEAL from a judgment of the Superior Court of San Diego County, No. 37-2014-00012605-CU-OE-CTL, Joel M. Pressman, Judge.

Donohue v. AMN Servs., LLC, 2018 Cal. App. Unpub. LEXIS 7896 (Cal. App. 4th Dist., Nov. 21, 2018)

Disposition: Affirmed.

CORE TERMS

meal period, rounding, recruiter, trial court, minutes, subdivision, punch, overtime, violations, rest period, cause of action, summary adjudication, meal, summary judgment, employees, summary adjudication motion, declaration, rest break, Italics, nearest, argues, calculating, derivative, reconsideration motion, trial court's ruling, material fact, adjudicate, recorded, triable issue of material, summary judgment motion

Civil Procedure, Appeals, Summary Judgment Review, Standards of Review, Judgments, Summary Judgment, Motions for Summary Judgment, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Business & Corporate Compliance, Wage & Hour Laws, Labor & Employment Law, Wage & Hour Laws, Reviewability of Lower Court Decisions, Preservation for Review, Scope & Definitions, Overtime & Work Periods, Labor & Employment Law, Remedies, Class Actions, Wage Payments, Appellate Briefs, Private Suits