Carolyn D. Callahan v. Brookdale Senior Living Communities, Inc., et al.

Los Angeles, California employment law lawyers represented Plaintiff, who sued defendants on labor code violation theories.



Carolyn Callahan brought the action pursuant to California's

PAGA, California Labor Code sections 2698-2699.5, which

allows aggrieved employees to recover civil penalties for

Labor Code violations on behalf of themselves, the state, or

other employees. Callahan and Brookdale agreed to a

settlement. Neverson, who was a plaintiff in an overlapping

PAGA case against Brookdale, filed a motion to intervene in

Callahan's action to object to the PAGA settlement.



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Brookdale owns and operates senior living communities

throughout the United States. Callahan worked for

Brookdale as a concierge from approximately February 2006

to February 2018. On November 26, 2018, she sent the

California Labor & Workforce Development Agency

("LWDA”) notice of a number of Brookdale's alleged

violations of the California Labor Code.



On November 27, 2018, Callahan filed a class action

lawsuit against Brookdale in the Los Angeles County

Superior Court. The complaint alleged violations of the

Labor Code and California's Unfair Competition Law. She

did not initially bring a claim under PAGA.

For the foregoing reasons, as to the first appeal, we

affirm the district court’s denial of Neverson’s motion to

intervene. We dismiss Neverson’s second appeal of the

district court’s approval of the PAGA settlement because we

conclude that she has no right to appeal