Sparks v. Kern County Bd. of Supervisors

Full title: CARL SPARKS, Plaintiff and Appellant, v. KERN COUNTY BOARD OF SUPERVISORS…

Court: California Court of Appeals, Fifth District

Date published: May 13, 2009

No. F055455 (Cal. Ct. App. May. 13, 2009)

Opinion

CARL SPARKS, Plaintiff and Appellant, v. KERN COUNTY BOARD OF SUPERVISORS, Defendant and Respondent COUNTY OF KERN, Real Party in Interest and Respondent. F055455 California Court of Appeal, Fifth District May 13, 2009

Super. Ct. No. S-1500-CV258218

Order Modifying Opinion[No Change in Judgment]

Levy, Acting J.

THE COURT:

It is ordered that the published opinion filed herein on April 29, 2009, be modified as follows:

On page 2 of the typewritten opinion, delete the last sentence in the first paragraph after “and Sparks provided his own defense” and replace it with the following sentence and footnote 1:

At trial, the court granted Sparks’s motions for a directed verdict and a nonsuit, and judgment was entered in his favor.¹

1 On appeal, this court held that the nonsuit/directed verdict motions should not have been granted on the False Claims Act cause of action. (County of Kern v. Sparks (2007) 149 Cal.App.4th 11.) Nevertheless, following remand, the County dismissed the action.

At the bottom of page 2 of the typewritten opinion, add the following footnote and renumber all subsequent

There is no change in the judgment.

WE CONCUR: Hill, J., Kane, J.