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James R. Patterson, State Bar No. 211102
Allison H. Goddard, State Bar No. 211098
Elizabeth A. Mitchell, State Bar No. 204853
PATTERSON LAW GROUP APC
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: (619) 756-6990
Facsimile: (619) 756-6991

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Attorneys for MELISSA ESCALERA
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF SAN DIEGO - CENTRAL DIVISION

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MELISSA ESCALERA, on behalf of
herself and all others similarly situated,

Case No. 37-2016-00017392-CU-PO-CTL

[E-FILE]

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Plaintiff,
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vs.
SHARP HEALTHCARE, a California Corporation;
GROSSMONT HOSPITAL CORPORATION dba
SHARP GROS SM ONT HOSPITAL, a California
Corporation and DOES 1- 100, inclusive,
Defendants.

PLAINTIFF'S NOTICE AND UNOPPOSED
EX PARTE APPLICATION FOR DISMISSAL
WITHOUT PREJUDICE OF CLASS ACTION
CLAIMS AGAINST DEFENDANTS
Date:
Time:
Dept:
Judge:

June 13, 2017
8:45 a.m.
68
Hon Judith F. Hayes

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that on June 13, 2017 at 8:45 a.m., in Department 68 of the San Diego

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Superior Court, 330 West Broadway, San Diego, CA 92101, Plaintiff Melissa Escalera will and does

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apply to this Court ex parte under California Code of Civil Procedure § 1005(b) and California Rule of

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Court 3.770 for an order dismissing this putative class action Case No. 37-2016-00017392-CU-PO-CTL

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(the "Escalera Action").

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Plaintiff requests a dismissal without prejudice and for a waiver of costs of the individual and

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class claims relating to Defendants Sharp Healthcare and Grossmont Hospital Corporation dba Sharp
Case No. 37-2016-00017392-CU-PO-CTL
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EX PARTE APPLICATION FOR DISMISSAL OF CLASS ACTION

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Grossmont Hospital (collectively "Sharp") in the Escalera Action.
Plaintiff Escalera requests dismissal due to personal issues that have arisen over the last couple of

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months, and because there is a similar case pending that will protect the putative class members'

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interests. On January 12, 2017, Plaintiff Carla Jones filed related Case No. 37-2017-00001377-CU-NP-

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CTL (the "Jones Action"), which alleges nearly identical claims against the same Defendants (Sharp) as

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the Escalera Action. Plaintiff and Plaintiffs counsel believe it best to dismiss the Escalera Action

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without prejudice and have the class action claims pursued in the Jones Action with Plaintiff Jones acting

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as the proposed class representative.

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The reasons for the requested dismissal of Plaintiffs claims are verified in the Declaration of

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Elizabeth A. Mitchell, also submitted with this motion in compliance with California Rule of Court

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3.770(a). As set forth in the Mitchell Declaration, neither Plaintiff Escalera nor her counsel have

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received any compensation in exchange for the requested dismissal of the class claims in this case.

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There is no need to provide notice to the class because no class has been certified and the

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dismissal will not prejudice the class because the identical class claims will be pursued in the Jones

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Action. California Rule of Court 3.770(c).

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Dated: June 9, 2017

PATTERSON LAW GROUP, APC

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Attorneys for Plaintiff

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Case No. 37-2016-00017392-CU-PO-CTL
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EX PARTE APPLICATION FOR DISMISSAL OF CLASS ACTION