Kern County v. Sparks
Appellant, the County of Kern (County), filed the underlying action against respondent, retired, for violation of the False Claims Act and negligent misrepresentation. The County alleged that Sparks falsely certified sheriffs department payrolls resulting in certain employees receiving unauthorized premium pay adjustments. At the conclusion of the Countys case in chief, the trial court granted Sparkss motions for nonsuit and a directed verdict.
The County contends the trial court erred. According to the County, there was sufficient evidence to support a verdict in its favor.
As discussed below, giving the Countys evidence all the value to which it is legally entitled, and indulging in every legitimate inference that may be drawn from the evidence, it must be concluded that the nonsuit/directed verdict motions should not have been granted as to the false claims cause of action. Sparks did not have the authority to give premium pay to a commander, and a reasonable jury could infer from the Countys evidence that Sparks acted recklessly when certifying that this unauthorized premium pay was proper. However, as a public employee acting in the scope of his employment, Sparks is immune from liability for negligent misrepresentation. Accordingly, the judgment be reversed in part and affirmed in part.
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