Hansen

MEMORANDUM AND ORDER

This matter is before the court on defendants’ Arthur Schubert, Greg A. Ziegler, Vincent Zambrana, Stephanie McCall, and Craig Burson’s (“defendants”) motion for summary judgment, or, in the alternative, summary adjudication pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, defendants’ motion for summary judgment is GRANTED in part and DENIED in part.

BACKGROUND

This case arises out of a search of plaintiffs’ residence and business pursuant to a search warrant pertaining to allegations of tax evasion against plaintiffs. Plaintiffs assert various violations of their constitutional rights based upon the issuance and execution of the search warrant.

Defendant Schubert was a criminal investigator with the California Department of Employment Development (“EDD”). (SDF a 2, ¶ 1). On August 9, 2000, Schubert received a call from a confidential informant (“Cl”), reporting what he believed to be an illegal tax evasion payroll scheme involving Shasta General Engineering, Inc. (“SGE”). (SDF at 2, ¶4). According to the informant, SGE was issuing two checks to each employee, one for wages and one for purported equipment rental. (SDF at 2,…