DOMINGUEZ v. SCHWARZENEGGER

No. 09-16359.

596 F.3d 1087 (2010)

Lydia DOMINGUEZ, on behalf of herself and a class of those similarly situated; Patsy Miller, on behalf of herself and a class of those similarly siguated; Alex Brown, by and through his mother and next friend Lisa Brown, on behalf of himself and a class of those similarly situated; Donna Brown, on behalf of herself and a class of those similarly situated; Chloe Lipton, by and through her conservator and next friend Julie Weissman-Steinbaugh, on behalf of herself and a class of those similarly situated; Herbert M. Meyer, on behalf of himself and a class of those similarly situated; Leslie Gordon, on behalf of himself and a class of those similarly situated; Charlene Ayers, on behalf of herself and a class of those similarly situated; Willie Beatrice Sheppard, on behalf of herself and a class of those similarly situated; and Andy Martinez, on behalf of himself and a class of those similarly situated; Service Employees International Union United Healthcare Workers West; Service Employees International Union United Long-Term Care Workers; Service Employees International Union Local 521; Service Employees International Union California State Council, Plaintiffs-Appellees, v. Arnold SCHWARZENEGGER, Governor of the State of California; John A. Wagner, Director of the California Department of Social Services; David Maxwell-Jolly, Director of the California Department of Health Care Services; John Chiang California State Controller, Defendants-Appellants, and Fresno County; Fresno County In-Home Supportive Services Public Authority, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 2010.


Attorney(s) appearing for the Case

Stephen P. Berzon, Scott A. Kronland, Stacey M. Leyton, Peder J. Thoreen, and Anne N. Arkush of Altshuler Berzon LLP, San Francisco, CA, for the plaintiffs-appellees.

Edmund G. Brown, Jr., Attorney General of California, Douglas N. Press, Senior Assistant Attorney General, Susan M. Carson, Supervising Deputy Attorney General, and Gregory D. Brown and Michael A. Zwibelman, Deputy Attorneys General, San Francisco, CA, for the State defendants-appellants.

Before: STEPHEN REINHARDT, W. FLETCHER and MILAN D. SMITH, JR., Circuit Judges.


MILAN D. SMITH, JR., Circuit Judge:

In 1973, the State of California established the In-Home Supportive Services (IHSS) program to provide in-home assistance and care to low-income elderly and disabled persons who otherwise would be unable to remain safely in their homes. See Cal. Welf. & Inst.Code § 12300. Plaintiffs-Appellees, a putative class comprised of recipients of the State's IHSS program and the unions who represent IHSS providers, seek to...

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