Cornwell
Cornwell v. Joseph
Opinion
Opinion
Brewster, J.
ORDER DENYING DEFENDANT LUN-GREN’S MOTION FOR JUDGMENT ON THE PLEADINGS
I. Introduction
Plaintiffs Dr. JoAnne Cornwell and the American Hairbraiders and Natural Haircare ^ Association (AHNHA) filed this action against California state officials, alleging that the enforcement of California’s licensing requirement for hairbraiders violates the due process, equal protection and privileges and immunities clauses of both the United States and California Constitutions. The Court has jurisdiction over the federal claims pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1331 .
II. Background
Plaintiffs filed their complaint on January 28,1997. On March 27,1997, the defendants filed motions to dismiss. On May 2, 1997, the Court dismissed claims against the Department of Consumer Affairs and the California Board of Barbering and Cosmetology based upon their Eleventh Amendment immunity. The Court also granted the. motion to dismiss as to Plaintiff AHNHA, with forty-five days leave to amend, and denied the motion to dismiss as to Plaintiff Cornwell. That order and a more complete description of this case are found at Cornwell v. California Board of Barbering and Cosmetology, 962 F.Supp. 1260…