Curcini
Curcini v. County of Alameda
Opinion
Opinion
Kline, J.
INTRODUCTION
Appellants, former chaplains at Santa Rita Jail in Alameda County and an entity incorporated by them, appeal from the judgment of the Alameda County Superior Court entered against them and in favor of respondents County of Alameda, and five Alameda County Sheriff’s Office employees. The judgment followed the sustaining of demurrers to appellants’ causes of action for alleged violations of state laws regarding wage and hour requirements covering overtime, meal breaks and rest breaks, as well as to three fraud causes of action (intentional misrepresentation, concealment, and false promise). Appellants contend the trial court erred in granting respondents’ demurrers to these causes of action.
Specifically, appellants contend the trial court erred in ruling that Labor Code sections 510,* 512, 226.7 and 1194 do not apply to charter counties such as the County of Alameda in the circumstances presented. Appellants also contend the court erred in sustaining the demurrer as to their fraud causes of action, arguing that the complaint sufficiently alleges the requisite corruption and malice to overcome the qualified immunity provided by Government Code section 822.2.…