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Legal Challenges & Perspectives  

CAPA SUMMARY OF LAWSUITS ON IHSS PROVISIONS OF THE STATE BUDGET

View summary (updated 10/4/11).

LISTEN HERE TO AUDIO OF STATE'S APPEAL OF OSTER VS. WAGNER (FUNCTIONAL INDEX SCORE)  (requires Windows Media Player)

20% REDUCTION IN IHSS CONSUMER SERVICE HOURS DUE TO BUDGET TRIGGERS

(OSTER et al vs. LIGHTBOURNE)

View Disability Rights California press release.

View order granting application of temporary restraining order.

View index of declarations supporting TRO.

View defendants' opposition to plantiffs' motion for class certification.

View reply in support of plaintiffs' motion for class certification.

View plaintiffs' motion for administrative relief regarding scheduling.

View index of declarations supporting temporary restraining order.

View defendants' opposition to injunction.

View Eileen Carroll statement opposing injunction.

View plaintiffs' reply brief in support of motion for preliminary injunction.

10% RATE REDUCTION TO NON-EMERGENCY MEDICAL TRANSPORTATION PROVIDERS

View order granting preliminary injunction.

10% RATE REDUCTION TO MEDI-CAL PHARMACIES

View order granting preliminary injunction.

ADULT DAY HEALTH CARE

View plaintiff's notice of motion for preliminary injunction.

WAGE REDUCTION FOR FRESNO COUNTY IHSS WORKERS

View plaintiffs' request for temporary restraining order (TRO).

View state's opposition to TRO.

View Fresno defendants opposition to TRO.

View plaintiffs' request to opposition.

View judge's order granting plaintiff request for TRO.  (updated 7/2/10)

REDUCTION OF FUNDING FOR PUBLIC AUTHORITIES

View CAPA press release.

View class action lawsuit.

BECKWITH VS. WAGNER (PREVENTING CAREPROVIDER EMPLOYMENT DUE TO FELONY)

View overview.

View temporary restraining order.

View petitioners' points for provisional relief.

View CDSS All-County Letter regarding lawsuit.

View judge's writ of mandate.   (updated 3/26/10)

View order granting petitioner's application for provisional relief.

AB 4x4  REDUCTION OF IHSS SERVICES BASED ON FUNCTIONAL INDEX SCORES

View press release on lawsuit.

View class action complaint.

View CDCAN article.

View temporary restraining order on Notices of Action.

View preliminary injunction.

View press release on judge's halt to cuts.

View state's response.

View certification of compliance with preliminary injunction.

View notice to consumers regarding injunction.

View All-County Letter responding to injunction.

View order granting contempt sanctions & enforcing injunction.

View state's objections to instructions given to providers.

ASSEMBLY BILL 4x4 19

View bulletin regarding lawsuit on fingerprinting, unannounced visits.

ADULT DAY HEALTH CARE LAWSUIT

View press release regarding lawsuit.

View complaint for injunctive & declaratory relief.

View CDCAN article on judge's decision to block cuts.

View order granting motion for preliminary injunction.

View press release on preliminary injunction to block cuts.

View second order granting motion for preliminary injunction.  (2/24/10)

MARTINEZ et al LAWSUIT (RE: CAREPROVIDER WAGE CUTS)

View emergency motion for stay of injunction.

View order clarifying injunction.

View Attorney General response, all-county welfare directors letter.

View second contempt motion/injunction against Santa Barbara, Fresno counties.

View CDSS declaration regarding state's compliance.

View court order clarifying injunction.

View defendants' opening brief on appeal.

View order denying Fresno defendants request to sever claims.

View state request for setting oral argument date.

View amended complaint for declaratory & injunctive relief.

View U.S. Ninth Circuit Court decision upholding injunction.

 

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