Sparks

Appellant, Carl Sparks, served as the elected sheriff of respondent, County of Kern (County), from 1991 through 2002. In October 2004, the County filed an action against Sparks alleging that Sparks falsely certified sheriff’s department payrolls resulting in certain employees receiving unauthorized premium pay adjustments. In November 2004, and again in April 2005, Sparks requested the County to provide him with a defense. The County denied these requests and Sparks provided his own defense. At trial, the court granted Sparks’s motions for a directed verdict and a nonsuit, and judgment was entered in his favor.

Sparks filed the underlying petition for writ of mandate against respondent, Kern County Board of Supervisors (Board), seeking reimbursement of the attorney fees and costs incurred by him in defending the County’s action under Government Code section 996.4. The trial court denied the petition on the ground that Sparks had not presented a claim to the County before filing the petition as required by the Government Claims Act. (§ 810 et seq.)

On appeal, Sparks argues that the claims filing requirements do not apply to a writ petition brought to enforce a public…