Fifth District So Holds in Recent Published Decision Involving Carl Sparks.
With certain exceptions, a California public entity must provide a defense in any civil action brought against an employee or former employee arising out of that employee’s act or omission in the scope of employment. (Gov. Code, sec. 995.) However, the Government Claims Act also collides with this requirement, providing that a written claim must be presented as a condition precedent to bringing a suit for “money or damages” against a California public entity. These two statutory provisions effectively became “worlds in collision” in the next case.
Former Kern County Sheriff Carl Parks was sued by Kern County for falsely certifying sheriff’s department payrolls. County denied Mr. Spark’s requests that it provide him a defense. Mr. Sparks provided his own defense and apparently “defensed” the County following trial. Mr. Sparks then brought a mandate petition seeking reimbursement of his defense fees by County under section 995. The trial court denied the petition on the ground Mr. Spark had not presented a claim to County before filing his petition.
On appeal, the Fifth District agreed with decision that the claims filing requirements had to be satisfied, in Sparks v. Kern County Board of Supervisors, Case No. F055455 (Apr. 29, 2009) (certified for publication). Because no injunctive relief or return of specific property was involved, Mr. Sparks reimbursement request was one for “money or damages” for which a claim presentation was a condition precedent. Although he sent a prior letter to County, it was not specific enough and made no reference to his defense costs—failing to fall under the “substantial compliance” exception to the claims filing requirement.
In the April 30, 2009 edition of The Bakersfield Californian, Paul Coble, Mr. Spark’s attorney, is quoted as saying “[t]here’s an action that’s been on hold in the Kern County courts regarding attorneys fees in the case that will now be activated given the 5th District ruling.” So, the story goes on . . . this fees battle may not yet be over.