Morales

*87 I.

INTRODUCTION

In this appeal, we must determine whether a state entity whose employees are exempt from state law requiring the payment of overtime compensation is nevertheless required to pay overtime compensation to such employees when the state entity jointly employs the employees with a non-state employer. Although we concluded in a prior appeal in this case that the matter should be remanded to the trial court to permit the plaintiffs to amend their complaint to attempt to state a cause of action premised on such a theory ( Morales v. 22nd Dist. Agricultural Assn. (2016) 1 Cal.App.5th 504 , 542-544, 206 Cal.Rptr.3d 1 ( Morales )), we now conclude that such a cause of action would not be legally viable. We further conclude that the law-of-the-case doctrine does not require that we reverse the trial court's order sustaining a demurrer to the plaintiffs' second amended complaint. 1

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Proceedings in the case prior to our decision in Morales 2

Defendant 22nd District Agricultural Association of the State of California (the DAA) is a California agency that owns and manages the Del Mar Fairgrounds and the Del Mar Horsepark. Plaintiff…