Facts

Tanisha Hubbard is an in-home care provider caring for her son. Since 2012, Hubbard has been enrolled in California's Medicaid Program and In Home Supportive Services (IHSS). Hubbard lives in a county which IHSS providers are represented by SEIU Local 2015. Despite not authorizing SEIU Local 2015 to deduct dues from her wages, the union directed the State Controller to deduct money from her paycheck. Hubbard sent a letter to SEIU to stop the deductions. A month later SEIU responded to her letter noting the "next period" when she could cancel her dues authorization was "10/20/2019-11/3/219." However, SEIU did not include a copy of her purported membership card in its communications. In June 2019, she sent another written notice to revoke her deductions. SEIU replied that her union status will be converted to "non-member" and her dues deductions "will stop within thirty (30) days" after her "anniversary date of 10/20/19-11/3/19" "on which [she] signed [her] membership card." SEIU still did not include a copy of her membership card. In December 2019, SEIU mailed a copy of Hubbard's online membership card, which Hubbard alleges she did not fill out or sign. SEIU eventually cancelled Hubbard's membership and directed the State Controller to stop union dues deductions, which it did. Hubbard brought an action against SEIU, California State Controller Betty T. Yee, and Attorney General Rob Bonta under 42 U.S.C. Section 1983 alleging deprivation of her First Amendment right to refrain from subsidizing the union's speech absent her written consent.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants violated her First and Fourteenth Amendment right to free speech and freedom of association. Plaintiff contended SIEU acted under the color of state law in depriving Plaintiff of her right to Freedom of Speech under the First Amendment and Due Process of Law under the Fourteenth Amendment. Additionally, Plaintiff brought claims for fraudulently concealment, fraud, negligent misrepresentation, unjust enrichment, conversion and intentional infliction of emotional distress by wrongfully withholding dues from her wages.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended plaintiff does not have standing because she did not suffer a concrete "injury in fact." Defendants contended SEIU does not qualify as a state actor.

Result

Defendants' motions to dismiss were granted.