Bath

Filed 9/25/24 Certified for Publication 10/23/24 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

AZEEM BATH et al., Plaintiffs and Appellants,

A167908

v. STATE OF CALIFORNIA et al., (Solano County Super. Ct. No. FCS058670) Defendants and Respondents.

Plaintiffs are employees of the State of California who provide dental care to inmates in the state prison system; their employment is governed by a memorandum of understanding (MOU). Plaintiffs have sued the state and related defendants seeking compensation for time they have spent on “pre- and post-shift safety and security activities,” such as going through security and picking up and returning alarm devices. Defendants filed a demurrer, which the trial court sustained without leave to amend on the ground these activities are not compensable under the Portal-to-Portal Act of the Fair Labor Standards Act. After judgment was entered, plaintiffs appealed. Plaintiffs contend they have alleged viable wage claims and the trial court improperly decided a disputed question of fact in ruling on the demurrer. Defendants respond that the trial court…