Polk

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DELORES POLK, et al., No. 2:18-cv-2900-KJM-KJN Plaintiffs, 13 v. 14 BETTY YEE, et al., ORDER 15 Defendants. 16 In this § 1983 putative class action, defendants Betty Yee, State Controller of California, and SEIU Local 2015 (“SEIU” or “Union”) have both filed motions to dismiss. For the following reasons, the court GRANTS both motions, with the leave to amend to the extent allowed below. I. BACKGROUND Plaintiffs are personal care providers to persons with disabilities who are enrolled in a Medicaid program called California’s In-Home Support Services (“IHSS”). First Am. Compl. (“FAC”), ECF No. 14, ¶¶ 13–15, 27. Because plaintiffs are employed by IHSS recipients, they are paid by the State Controller and California law deems them public employees for unionization purposes. FAC ¶ 16. SEIU Local 2015 (“Union” or “SEIU”) is the exclusive bargaining representative for IHSS providers in 47 California counties. Id. ¶ 17. ///// In joining…