Falk
Falk v. Children's Hospital Los Angeles
Opinion
Opinion
Aldrich, J.
INTRODUCTION
The trial court granted summary judgment in favor of defendant and respondent Children’s Hospital Los Angeles (Children’s Hospital or the hospital) and against plaintiff and appellant Michelle Falk on the ground her wage and labor claims were time-barred. The court rejected Falk’s argument the filing of a prior class action tolled her limitations periods, under American Pipe & Construction Co. v. Utah (1974) 414 U.S. 538 [ 38 L.Ed.2d 713 , 94 S.Ct. 756 ] (American Pipe), which held that, under certain circumstances, the filing of a class action tolls a limitations period for class members who file subsequent actions. We find that American Pipe tolling applies to some of Falk’s claims, but not to others. We therefore ¿firm in part and reverse in part the judgment.
BACKGROUND
I. The class action complaints.
Since May 2007, four class action complaints, including Falk’s, have been filed against Children’s Hospital raising wage and labor violations.
A. May 1, 2007: The Palazzolo class action.
Children’s Hospital employed Thomas Palazzolo from July 2005 to January 2007 as a nonexempt, hourly paid patient care service aide. On May 1, 2007, Palazzolo filed a…