California Appellate Tracker

Guarino v. County of Siskiyou

April 22, 2018

A county counsel is employed pursuant to statute, not contract, so he could not sue the county for a supposed breach of his employment contract.

County Counsel Guarino sued the county after it investigated him a second-time overcharge and a suit brought by a woman subordinate to Guarino’s alleging he made her work environment hostile as a result of her gender. Investigation of charges against a county official is protected activities under CCP 425.16(e). Guarino showed no probability of success on his breach of employment contract claims because a constitutional officer like county counsel is employed pursuant to statute, not pursuant to contract, so the first element of a breach of contract claim was missing.

California Court of Appeal, Third District (Hull, J.); March 1, 2018 (published March 29, 2018); 2018 WL 1532338

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Guarino v. County of Siskiyou

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