National Conference of Personal Managers, Inc. v. Brown

MEMORANDUM

Appellant National Conference of Personal Managers, Inc. (“NCOPM”) sued Defendants Edmund G. Brown, Jr., Governor of the State of California, in his official capacity; Kamala D. Harris, Attorney General of California, in her official capacity; and Julie A. Su, California Labor Commissioner, in her official capacity. NCOPM alleged that Defendants’ interpretation and enforcement of the California Talent Agencies Act, Cal. Lab.Code §§ 1700-1700.47 (“TAA”), resulted in constitutional violations. Defendants filed a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and(b)(6). Defendants argued that (1) the district court lacked subject matter jurisdiction, because the Governor and the Attorney General were entitled to sovereign immunity; (2) NCOPM lacked Article III standing; (8) the Labor Commissioner was not an appropriate defendant; and (4) NCOPM failed to state any claims upon which relief could be granted.

The district court found that (1) the Governor and Attorney General likely had sovereign immunity, (2) NCOPM likely had standing, and (3) the Labor Commissioner was likely the appropriate party to sue for her non-adjudicatory acts. However, the…