Alicia Quirarte, Nora Maya, Anh Le, Viet Le, Jose Diaz United Domestic Workers AFSCME Local 3930, Betty Yee, in her official capacity as State Controller of the State of California
Published: Oct. 9, 2020 | Result Date: Feb. 10, 2020 | Filing Date: Jul. 11, 2019 |Case number: 3:19-cv-01287-CAB-KSC Summary Judgment – Defense
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Mariah R. Gondeiro
(Advocates for Faith and Freedom)
Defendant
Lara Haddad
(California Dept. of Justice)
Stacey M. Leyton
(Altshuler Berzon LLP)
Rebecca Moryl Lee
(Altshuler Berzon LLP)
Facts
Alicia Quirate and four others were In-Home Supportive Service providers. They provided non-medical assistance to disabled individuals who qualified for California Medicaid. They eventually filed a putative class action lawsuit against their union, United Domestic Workers AFSCME Local 3930, and the California State Controller for deduction of union dues.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged claims for violation of their right under the First Amendment for deducting union dues from their wages, and violation of 42 U.S.C. Section 1396a(a)(32) for deducting union dues from Medicaid payments made to IHSS providers.
DEFENDANTS' CONTENTIONS: Defendants contended that there was no state action, that there was no First Amendment violation, and that there was no cause of action to enforce Section 32.
Result
Defendants prevailed on their motion for judgment on the pleadings.
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