Rodriguez v. U.S. Healthworks, Inc.

388 F. Supp. 3d 1095
CourtDistrict Court, N.D. California
DecidedMay 17, 2019
DocketCase No. 17-cv-06924-KAW
StatusPublished
Cited by4 cases

This text of 388 F. Supp. 3d 1095 (Rodriguez v. U.S. Healthworks, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. U.S. Healthworks, Inc., 388 F. Supp. 3d 1095 (N.D. Cal. 2019).

Opinion

KANDIS A. WESTMORE, United States Magistrate Judge

Plaintiff Catrina R. Rodriguez filed the instant putative class action against Defendants U.S. Healthworks, Inc. and U.S. Healthworks Medical Group, asserting violations of the Fair Credit Reporting Act ("FCRA") and similar California laws. (Compl. ¶ 1, Dkt. No. 1-2.) Pending before the Court are Defendants' motion for summary judgment and Plaintiff's motion to remand. (Defs.' Mot. for Summary Judgment, Dkt. No. 40; Plf.'s Mot. to Remand, Dkt. No. 45.)

Upon consideration of the parties' filings, the relevant legal authority, and the arguments presented at the May 16, 2019 hearing, the Court DENIES Plaintiff's motion to remand and GRANTS Defendants' motion for summary judgment.

I. BACKGROUND

On July 16, 2013, Plaintiff applied for employment with Defendants1 through an online employment application. (Arnds Decl. ¶ 4, Dkt. No. 40-1; Rodriguez Decl. ¶ 3.) The online application system includes several stand-alone pages. (See Arnds Decl. ¶¶ 7-9, Exhs. D-F.) First, *1098there is a "Certification" standalone webpage which requires applicants to certify the truth of their statements, "authorize the company and/or its agents, including consumer reporting bureaus, to verify any of this information," and "release the Company and all parties providing information to the Company about [the applicant's] background and experience from any liability whatsoever arising therefrom." (Arnds Decl., Exh. C.) To continue, the applicant must select "I Agree" or "I Disagree" before clicking "Save and Continue." (Id. )

Second, there is a standalone webpage "Notice and Disclosure Statement, which states:

Disclosure to Employment Applicant Regarding Procurement of A Consumer Report
In connection with your application for employment, we may procure a consumer report on you as part of the process of considering your candidacy as an employee. In the event that information from the report is utilized in whole or in part in making an adverse decision with regard to your potential employment, before making the adverse decision, we will provide you with a copy of the consumer report and a description in writing of your rights under the law.
Please be advised that we may also obtain an investigative report including information as to your character, general reputation, personal characteristics, and mode of living. The information may be obtained by contacting your previous employers or references supplied by you. We may also obtain information about your driving history by searching motor vehicle records. Please be advised that you have the right to request, in writing, within a reasonable time, that we make a complete and accurate disclosure of the nature and scope of the information requested. Such disclosure will be made to you within 5 days of the date on which we receive the request from you or within 5 days of the time the report was first requested.
The Fair Credit Reporting Act gives you specific rights in dealing with consumer reporting agencies. You will find these rights summarized on the "Summary of Your Rights under the Fair Credit Reporting Act" document. Click here to view. A Summary of Your Rights Under the Provisions of California Civil Code Section 1786.22. Click here to view.
ADP Screening and Selection Services
301 Remington
Fort Collins, Colorado 80524
800/367-5933
By selecting "I Agree", you hereby authorize us to obtain a consumer report and investigative consumer report about you, including but not limited to, motor vehicle records and criminal history records, in order to consider you for employment.

(Arnds Decl., Exh. D.) The "Click here to view" text links to separate pamphlets that summarize an applicant's rights under the FCRA and California Civil Code § 1786.22. (See Arnds Decl., Exhs. F-G.) Again, to continue, the applicant must select "I Agree" or "I Disagree" before clicking "Save and Continue." (Arnds. Decl., Exh. D.) Between the options "I Agree" or "I Disagree" and the "Save and Continue" button, the webpage states: "*I have received a copy of the following documents via links in the above Background Check Disclosure and Authorization Form: A Summary of Your Rights, A Summary of Your Rights under the Provisions of California Civil Code Section 1786.22 ." (Id. )

Third, there is the "Application Statement," the final webpage in Defendants'

*1099application. (Arnds Decl., Exh. E.) This webpage requires that applicants "understand and agree that any job offer is also contingent upon the successful completion of a background check to include motor vehicle report, credit report and criminal records report." (Id. ) Applicants were required to select "I Agree," and provide their name and the date of electronic signature. (Id. )

As part of her application, Plaintiff selected "I Agree" as to the Certification, the Notice and Disclosure Statement, and the Application Statement. (Arnds Decl., Exh. A at 6-8.)

On July 17, 2013, Plaintiff received an offer letter from Defendants. (Arnds Decl., Exh. I.) The offer letter stated that the "offer of employment is contingent on ... A satisfactory background and reference check." (Id. ) On July 24, 2013, Defendant USH requested that ADP perform a background check, ordering a social security number check, a criminal history report from Alameda County, and a "smart scan." (Arnds Decl., Exh. H at 1-2.) The background check was completed on July 25, 2013. (Id. at 1.)

Plaintiff's first day of employment was July 26, 2013. (Arnds Decl. ¶ 5.) That day, Plaintiff was required to acknowledge that she had received her offer letter and the "[s]atisfactory completion of pre-employment screening." (Arnds Decl., Exh. J.) On April 4, 2016, Plaintiff's employment was terminated. (Arnds Decl. ¶ 5.) During Plaintiff's employment, Plaintiff states that she did not know that Defendants had obtained a background check report, nor was she provided with a report. (Rodriguez Decl. ¶¶ 6, 8.)

On October 24, 2017, Plaintiff filed the instant putative class action in state court. (Compl. at 1.) Plaintiff brought four causes of action based on Defendants' alleged failure to: (1) make proper disclosures in violation of FCRA § 1681b(b)(2)(A); (2) give a proper summary of rights in violation of FCRA §§ 1681d(a)(1) and 1681g(c); (3) make proper disclosures in violation of California's Investigative Consumer Reporting Agencies Act ("ICRAA"); and (4) make proper disclosures in violation of California's Consumer Credit Reporting Agencies Act ("CCRAA"). (Compl. ¶¶ 32-34, 49-50, 52-57, 66, 81.) Plaintiff also brings a cause of action for violation of California's Unfair Competition Law ("UCL"), which "incorporates by reference" Plaintiff's other four causes of action. (Compl. ¶ 91.)

On December 4, 2017, Defendants removed the case to federal court based on federal question jurisdiction. (Not. of Removal ¶ 5, Dkt. No. 1.) On May 1, 2018, the Court held a case management conference, setting the fact discovery deadline for November 30, 2018. (Dkt. No.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
388 F. Supp. 3d 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-us-healthworks-inc-cand-2019.