Burden

Burden v. County of Santa Clara

Good Law
2000 Cal. App. LEXIS 440·2000 Daily Journal DAR 5931·81 Cal. App. 4th 244·96 Cal. Rptr. 2d 587·2000 Cal. Daily Op. Serv. 4429
Court of Appeal of CaliforniaJune 5, 2000H019329California3,944 words

Opinion

Opinion

Cottle, J.

After his employment with the County of Santa Clara (County) was terminated, Robert G. Burden sued the County, alleging that conditions of his employment had been misrepresented. After striking certain portions of the complaint, the trial court granted the County’s motion for summary judgment. The trial court held that the County, as a public entity, had immunity pursuant to Government Code section 818.8 from Burden’s common law fraud claim and his claim under Labor Code section 970. Burden appeals from the resulting judgment. Because we conclude that the trial court correctly granted summary judgment, we affirm.

I. Factual and Procedural Background

In November 1995, Burden was hired as an attorney in the workers’ compensation section of the office of county counsel. Burden commenced work on December 6, 1995. Shortly thereafter, according to the County, Burden’s supervisors determined that he lacked the interpersonal skills, professionalism, and sense of judgment needed for his position. It is undisputed that Burden’s employment was terminated on December 19, 1995. Burden apparently returned to Orange County and rejoined his former law partner.

On June 4, 1996, Burden…

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