Jones

MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION

This civil rights action arises from Defendants’ summary suspension of Plaintiffs massage therapist license and massage establishment license. The court has jurisdiction over the civil rights claims pursuant to 28 U.S.C. § 1331 and supplemental jurisdiction over the state law claim. Because the events underlying this action occurred in Modesto, California, venue is appropriate in this court. Pending before the court is Defendants’ motion for summary judgment or, in the alternative, summary adjudication.

BACKGROUND

On May 24, 2005, Plaintiff filed a first amended complaint. The first claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants denied Plaintiff of his procedural due process rights. The second claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants unlawfully took Plaintiffs property and denied Plaintiff of substantive due process. The third claim for relief is brought under 42 U.S.C. § 1983 and alleges that Defendants denied Plaintiff equal protection. The fourth claim for relief is…