Figueroa v. Northridge Hospital Medical Center

Opinion

BOREN, P. J.

Appellant Raquel Figueroa sought leave to amend her complaint, one year after instituting suit. She proposed to convert two of her six existing individual claims into class action claims. The trial court denied appellant’s motion to amend the complaint.

We cannot reach the merits of this appeal. An order denying leave to amend a complaint is not appealable. The rule holds true even when the proposed amendment would, for the first time, add class action allegations to the complaint. We dismiss the appeal for lack of jurisdiction.

FACTS

The Complaint

In August 2003, appellant filed her original complaint. Appellant worked as a nurse for respondent Northridge Hospital Medical Center (the Hospital). The Hospital is owned by respondent Catholic Healthcare West (CHW). Appellant allegedly was required to work 12-hour shifts without rest or meal breaks, or overtime pay. While employed at the Hospital, appellant became pregnant. She was allegedly harassed and discriminated against based on her gender, race, national origin, marital status, medical condition and pregnancy. She was denied accommodation for her condition, and claims that she was forced to take an involuntary medical leave of absence. Upon her return to work, appellant was denied an opportunity to pump breast milk for her infant.

[12]

The complaint asserts causes of action for (1) failure to accommodate an employee’s pregnancy; (2) discrimination and harassment; (3) retaliation for opposing unlawful employment practices; (4) failure to accommodate lactation; (5) failure to pay wages; and (6) unfair business practices.

The Proposed Amendment

In August 2004, appellant requested leave to file an amended complaint. While appellant’s six causes of action remained the same, she sought to expand the plaintiffs in her fifth (failure to pay wages) and sixth (unfair business practices) causes of action to include “[a]ll current and former nurses and other non-exempt employees” of the Hospital and CHW who were denied overtime, meal periods and rest breaks. Appellant estimated the size of the class as being in excess of 100 individuals.