Sparks

Appellant, the County of Kern (County), filed the underlying action against respondent, retired Kern County Sheriff Carl Sparks, for violation of the False Claims Act (Gov. Code, § 12650 et seq.) and negligent misrepresentation. The County alleged that Sparks falsely certified sheriff’s department payrolls resulting in certain employees receiving unauthorized premium pay adjustments. At the conclusion of the County’s case-in-chief, the trial court granted Sparks’s motions for nonsuit and a directed verdict.

The County contends the trial court erred. According to the County, there was sufficient evidence to support a verdict in its favor.

As discussed below, giving the County’s evidence all the value to which it is legally entitled, and indulging in every legitimate inference that may be drawn from the evidence, it must be concluded that the nonsuit/directed verdict motions should not have been granted as to the false claims cause of action. Sparks did not have the authority to give premium pay to a commander, and a reasonable jury could infer from the County’s evidence that Sparks acted recklessly when certifying that this unauthorized premium pay was proper. However,…