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TINOCO v. BELSHE

No. C-94-0947 WHO.

916 F.Supp. 974 (1995)

Alicia TINOCO, on Behalf of Herself and All Others Similarly Situated, Plaintiffs, v. Kimberly BELSHE, M.D., Director, California Department of Health Services; California Department of Health Services; Russell Gould, Director, California Department of Finance; California Department of Finance, and Does I-IX, Defendants. Kimberly BELSHE, M.D., Director, California Department of Health Services; California Department of Health Services; Russell Gould, Director, California Department of Finance; California Department of Finance, Third-Party Plaintiffs, v. Donna SHALALA, Secretary, United States Department of Health and Human Services, Third-Party Defendant.

United States District Court, N.D. California.

October 30, 1995.

Attorney(s) appearing for the Case

Jodie Berger, Legal Aid Society of Alameda County, Oakland, CA, Sarah E. Kurtz, Peter H. Reid, Martha S. Hawver, Legal Aid Society of San Mateo County, Redwood City, CA, Katherine E. Meiss, Western Center on Law & Poverty, Inc., Los Angeles, CA, for plaintiffs.

Daniel E. Lungren, California Attorney General, Angela Botelho, Deputy Attorney General, California State Attorney General's Office, San Francisco, CA, for defendants and third-party plaintiffs.

Michael Yamaguchi, United States Attorney, Mark St. Angelo, Beth McGarry, Assistant United States Attorneys, San Francisco, CA, for third-party defendant.

OPINION AND ORDER

ORRICK, District Judge.

In this case, California recipients of State Disability Insurance ("SDI")1 who receive Medi-Cal benefits under the Aid to Families With Dependent Children Act ("AFDC") complain that they presently pay $90 per month more than they should, because the State of California ("California") requires them, in violation of the law, in computing the "share of cost"2

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