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State v. Superior Court of Los Angeles County8/31/2000
claim in the Tobacco Litigation was a "direct action against the tobacco companies," then characterized the Medicaid beneficiaries' claims as "tortured." (Brown v. Minnesota, County of Hennepin, Case No. 98-11152, Dec. 15, 1998, Order Granting Defendant's Motion to Dismiss.) In Wisconsin, in Tennessee, and in a Northern California federal district court, similar suits were disposed of on other grounds. (Floyd v. Thompson (W.D. Wis., Case No. 99-C-0268-C, Sept. 2, 1999, Opinion and Order) 1999 WL 33100654; Barton v. Summers, Mid. D. of Tenn., Nashville Div., Case No. 3:00-0078, May 24, 2000, Order; Forces Action Project LLC v. State of California (N.D. Cal., No. C99-0607 MJJ, Jan. 5, 2000, Order Granting Defendants' Motion to Dismiss) 2000 WL 20977.)
We cannot fathom any other result, and conclude for the reasons stated that Bolduc cannot state a claim against the State. It follows that the State's demurrer must be sustained without leave to amend, and a judgment entered accordingly.
DISPOSITION
The petition is granted, and a writ of mandate shall issue to compel the trial court (1) to vacate its order overruling the State's demurrer, (2) to enter a new order sustaining the demurrer without leave to amend, and (3) to enter a final declaratory judgment in favor of the State. The State is awarded its costs incurred in these writ proceedings.
CERTIFIED FOR PUBLICATION.
VOGEL (MIRIAM A.), J.
We concur:
SPENCER, P.J.
ORTEGA, J.
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