Marsh

Case 2:19-cv-02382-JAM-DB Document 46 Filed 07/28/20 Page 1 of

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

TERRANCE MARSH, et al., No. 2:19-cv-02382-JAM-DB Plaintiffs, v. ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS AND DENYING

AFSCME LOCAL 3299, et al., PLAINTIFFS’ MOTION TO STRIKE Defendants.

Plaintiffs, ten University of California employees, bring

this action against Attorney General Xavier Becerra, UC President

Janet Napolitano, and AFSCME Local 3299 (“the Union”) under

Section 1983 of the Civil Rights Act. First Am. Compl. (“FAC”),

ECF No. 1. Plaintiffs allege Cal. Gov. Code §§ 1157.3(b) and

1157.12 (collectively, “the SB 866 statutes”) created a fee-

deduction scheme in which “employee organizations” such as the

Union exercise complete control over their member-resignation and

fee-deduction policies. FAC ¶ 1. Exercising this control, the

Union designed a “multi-step revocation…