Tentative Ruling on Motion for Preliminary Injunction

MedImpact Healthcare Systems v. Dept. of Health Care Services, Case No. 2020-07154 July 31, 2020, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

This is an action for traditional mandamus pursuant to CCP section 1085. Reduced to its essence, the case is a bid contest. Petitioner MedImpact, a Pharmacy Benefit Manager headquartered in San Diego, seeks an order requiring respondent, the Dept. of Health Care Services ("Department"), to set aside the Department's December 11, 2019 decision to award the Medi-Cal Rx contract to real party in interest Magellan (a Virginia-based competitor of petitioner), and "re-open the bidding." Petitioner claims the Department's award of the contract to Magellan deviated "from the RFP in evaluating MedImpact's proposal by failing to evaluate MedImpact's proposal for TACPA preference points and thereby failing to award MedImpact 9% preference points for certifying that it would meet those requ