Alves

The defendant was charged with violation of Labor Code, section 227 in that he “being an employer, did . . . wilfully and unlawfully, fail to make payments to a health and welfare fund and other such plan for the benefit of his employees, as required by the terms of a collective bargaining agreement theretofore entered into by” him. He was not charged with failing to make these payments with “intent to defraud,” a disjunctive authorized by said section. A general demurrer to the complaint was sustained without leave to amend and the People appealed from the order dismissing the action which followed. The sole question is whether the portion of the section under which the complaint was drawn authorizes imprisonment for debt contrary to article I, section 15, of the Constitution of California, which provides that “No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud, nor in civil actions for torts, except in cases of wilful injury to person or property. ...” After quoting the words we have just set forth, in the case of In re Trombley (1948), 31 Cal.2d 801, 804 [ 193 P.2d 734 ], the Supreme Court continued: “Although by its…