Kawamura

At issue in this case is whether plaintiff Country Eggs, Inc., can collect a judgment owed by the California Egg Commission (the Commission) from defendants State of California and the California Department of Food and Agriculture (referred to collectively as “defendants” or “the State”). We hold that, since the State did not receive the funds that were the basis for plaintiff’s judgment against the Commission and, as to the State, plaintiff’s claim is for money damages and not for specific monetary relief, that claim is barred by the doctrine of sovereign immunity.

Food and Agricultural Code section 75070, subdivision (a) provides: “The state shall not be liable for the acts of the [Cjommission or its contracts. Payments of all claims arising by reason of the . . . acts of the [Cjommission are limited to the funds collected by the [Cjommission.” (Unspecified statutory references that follow are to the Food and Agricultural Code.)

The trial court upheld the constitutionality of this statute, ruled that defendants had no liability for the judgment against the Commission, and granted defendants’ motion for summary judgment. Plaintiff appeals from the ensuing judgment. We…