Oler

ORDER GRANTING MOTION TO DISMISS

On July 20, 1978, plaintiff, an academic employee of San Jose State University, filed this action for declaratory and injunctive relief and damages. Plaintiff’s principal allegations are that defendants wrongfully classified him as a “temporary” employee, wrongfully demoted him and wrongfully denied him tenure. Plaintiff alleges the actions of defendants did not comply with provisions of the California Education and Administrative Codes governing tenure. Additionally, it is alleged the actions of defendants, committed under color of state law, deprived plaintiff of his rights to due process and equal protection of the law, guaranteed to plaintiff by the United States Constitution. Plaintiff contends he has exhausted his administrative remedies.

Defendants have moved to dismiss plaintiff’s complaint on the ground that an action involving the identical issues between the same parties has been pending in state court, making abstention appropriate. Alternatively, defendants move for an order staying the proceedings herein until determination of the issues by the state court. The Superior Court action was commenced by plaintiff in May, 1977, more than…