Gonzalez

I. BACKGROUND

We summarize the facts as set forth in the complaint and cross-complaint. Jose

Garcia worked as a foreman for Burtech, a general contracting firm specializing in

1 All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

2 underground sewer, water, and storm drain construction and installation. As foreman,

Garcia was responsible for oversight of employees and completion of field paperwork,

including daily time sheets for field employees, which meant he was responsible for

providing accurate time sheets and turning them in to Burtech’s offices weekly.

Garcia engaged in a scheme of diverting hundreds of thousands of dollars from

Burtech by hiring employees who were not qualified for the hourly rate reported and who

did not work as many hours as were reported to the payroll department. Garcia used the

names and hourly rates of other employees who were qualified to receive payment at the

rate reported, and had the payroll checks made payable in the name of the qualified

individuals, as opposed to the employees actually hired by Garcia at a lower rate to do the

work. Gonzalez would then cash the checks for a fee. After…