Zumbowicz and Gordon v. Hospital Assn. of Southern Cal.











Filed 11/16/10 Zumbowicz and Gordon v. Hospital Assn. of Southern Cal. CA2/7







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

ROSEMARY ZUMBOWICZ and GARY GORDON, individually and on behalf of others similarly situated, Plaintiffs and Appellants, v. HOSPITAL ASSOCIATION OF SOUTHERN CALIFORNIA, et al., Defendants and Respondents.

B215633 (Los Angeles County Super. Ct. No. BC360399)

APPEAL from a judgment of the Superior Court of Los Angeles County. Carl J. West, Judge. Affirmed.
Blecher & Collins, Maxwell M. Blecher, David W. Kesselmen and Theo G. Arbucci; Frank J. Coughlin, Frank J. Coughlin and Caitlyn M. Hobbs, for Plaintiffs and Appellants.
Musick, Peeler & Garrett, William M. Miller, Cheryl A. Orr and Lourdes de La Cruz, for Defendant and Respondent Hospital Association of Southern California.
Latham & Watkins, and Charles H. Samel, for Defendants and Respondents Glendale Activist Medical Center, South Coast Medical Center and White Memorial Medical Center.

Manatt, Phelps & Phillips, Martin J. Thompson, Mandrew L. Satenburg, and Joanna S. McCallum, for Defendants and Respondents Catholic West Healthcare West and St. Joseph Health System.
Sidley Austin, Thomas P. Hanrahan, Jeffrey A. Berman and T. John Fitzgibbons, for Defendant and Respondent Southern California Specialty Care.
Sheppard, Mullin, Richter & Hampton, Richard J. Simmons. Derek R. Havel and Helen C. Eckert, for Defendant and Respondent Memorial Health Services.
Jones Day, Jeffrey A. LeVee and Angel H. Ho, for Defendant and Respondent West Hills Hospital & Medical Center.
Foley & Lardner, Robert C. Leventhal, William Luis Abalona and Eileen Regina Ridley, for California Hospital Association.
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INTRODUCTION
Appellants Rosemary Zubowicz and Gary Gordon, acting on behalf of themselves and a class of nurses and technical care specialists, filed a complaint alleging that the Hospital Association of Southern California (HASC) and several hospitals belonging to the HASC conspired to depress nurse wages throughout Southern California in violation of the Cartwright Act (Bus. & Prof. Code, §§ 16720 et. seq.). Specifically, Appellants allege that, in an effort to offset overtime costs resulting from the â€