Harding

MEMORANDUM *

Dynice Harding first filed a complaint in the United States District Court alleging the following causes of action: 1) a claim for declaratory judgment; 2) violation of 42 U.S.C. § 1396a(a)(25)(A-C); 3) a claim *84 for injunctive relief; and 4) a number of state law claims. The district court held that § 1396a(a)(25)(C) (“Medicaid Act”) provides no private right of action under which Harding could pursue her first three claims. Pursuant to Fed.R.Civ.P. 12(b)(6), the district court dismissed these claims and declined to exercise supplemental jurisdiction over the state law claims, but gave Harding leave to amend her complaint to state a claim under 42 U.S.C. § 1983 or “any other relevant claim.”

Harding then filed an amended complaint seeking, in addition to her earlier state law claims, a declaration that the Medicaid Act preempts California Welfare and Institutions Code §§ 14124.791 and 14124.74, and injunctive relief based on such preemption. The district court held that Harding’s preemption claim failed because she sued only appellees Summit and Health Advocates, a private medical provider and its legal representative, and did not sue any state official. The…