Opinion
INTRODUCTION
Plaintiff James Sheppard was a part-time instructor employed by defendant North Orange County Regional Occupational Program (NOCROP). NOCROP was created by four public school districts. During his employment, Sheppard was required to spend 20 minutes of unpaid time preparing for every hour he
Following a series of challenges to Sheppard’s pleadings, judgment was entered in favor of NOCROP. Sheppard contends the trial court erred by (1) ordering judgment on the pleadings as to the violation of the minimum wage law claim contained in the first amended complaint; (2) sustaining, without leave to amend, NOCROP’s demurrer to Sheppard’s breach of contract claim as contained in the original complaint; and (3) sustaining, without leave to amend, NOCROP’s demurrer to his quantum meruit claim as contained in the third аmended complaint.
We reverse in part and affirm in part. We reverse the trial court’s order granting judgment on the pleadings as to the violation of the minimum wage law claim. Sheppard alleged he was employed by a regional occupational program which was the creation of one or more public school districts through Education Code section 52301. We conclude the minimum wage provision in Wage Order No. 4-2001 applies to Sheppard’s employment with NOCROP. We hold the Legislature has plenary authority over public school districts and was constitutionally authorized to vest in the IWC, through section 1173, the power to impose the minimum wage law provision contained in Wage Order No. 4-2001 as to employees of such public school districts. (For the reasons we explain, this holding is limited to employees of public school districts.) We therefore reverse the trial court’s order granting judgment on the pleadings as to the violation of the minimum wage law claim.
We also reverse the order sustaining NOCROP’s demurrer to Sheppard’s breach of contract claim. California Supreme Court precedent establishes that a public emplоyee has a contractual right to earned but unpaid compensation, which is protected by the state Constitution.
We affirm the order sustaining the demurrer to the quantum meruit claim because the Government Claims Act (Gov. Code, § 810 et seq.) bars the assertion of such a claim against a public entity.
In November 2004, Sheppard filed a complaint against NOCROP for failure to pay wages in violation of Wage Order No. 4-2001, failure to pay wages in breach of a written contract, and unfair competition. The complaint alleged that “[b]etween approximately January 1, 2000 and the present,” Sheppard was employed “as a full-time and/or part-time instructor” by NOCROP which “was and is a governmental entity doing business in Orange County, California.” The complaint further alleged that before Sheppard began his employment with NOCROP and each school year after that, he was required to sign a document entitled “North Orange County Regional Occupational Program Notice of Offer [o]f Employment-Certificated Employee” (notice of offer), which stated in part: “[F]ull-time work and salary schedules are based upon an 8 hour day/40 hour week. A full-time classroom/lab sсhedule is 30 hours per week with 10 hours per week of preparation time. Part-time assignments require 20 minutes of unpaid preparation time for each hour of classroom/lab instruction.” (Boldface omitted.) The complaint stated that “as a part-time instructor, [Sheppard] has not [been] and is not paid for 20 minutes of required preparation time” and that “he is seeking all unpaid wages owed between approximately January 2000 and the present based upon the fact that he has not been paid for 20 minutes of required preparation time for each hour of classroom/lab instruction.”
The complaint further alleged that on September 27, 2004, Sheppard submitted a claim for damages to NOCROP, pursuant to Government Code section 910, and NOCROP rejected his claim on October 26, 2004. All three claims of the complaint were based on the applicability of the minimum wage requirement contained in Wage Order No. 4-2001 to the unpaid preparation work Sheppard performed for NOCROP under the notice of offer.
The trial court sustained NOCROP’s demurrer, without leave to amend, as to Sheppard’s breach of contract and unfair competition claims “for lack of opposition,”
Sheppard filed a first amended complaint which contained a single cause of action for violation of Wage Order No. 4-2001. The first amended complaint alleged that although Wage Order No. 4-2001 requires that all employees be paid at least $6.75 per hour for all hours worked, NOCROP required its part-time instructors, including Sheppard, who were paid between $31.35 and
NOCROP filed a motion for summary judgment to the first amended complaint. The trial court treated the motion for summary judgment as a motion for judgment on the pleadings, which it granted. The court also granted Sheppard “leave to amend the complaint to state a cause of action for an alleged violation of Education Code section 45025.”
Sheppard filed a second amended complaint which contained a claim for violation of Education Code section 45025, based on the allegation he was not paid for all hours he worked on a part-time basis. The trial court overruled NOCROP’s demurrer to the second amended complaint.
Sheppard filed a third amended complaint in which he added a claim for quantum meruit, seeking recovery of the “reasonable value” of unpaid preparation time. The trial court sustained NOCROP’s demurrer to the quantum meruit claim, without leave to amend, on the ground such a claim may not be maintained against a public entity.
Pursuant to Sheppard’s request to voluntarily dismiss his claim for violation of Education Code section 45025 and the trial court’s order granting his request, the court clerk entered dismissal of the action with prejudice. Sheppard appealed.
DISCUSSION
I.
Standard of Review
This appeal involves issues arising from an order granting judgment on the pleadings and orders sustaining demurrers. A judgment on the pleadings and a
We consider only the allegations of a challenged complaint and matters subject to judicial notice to determine whether the facts alleged state a cause of action under any theory. (American Airlines, Inc. v. County of San Mateo, supra,
n.
The Trial Court Erred by Granting Judgment on the Pleadings as to Sheppard’s Claim for Violation of the Minimum Wage Law.
In support of Sheppard’s claim that NOCROP violated the minimum wage law, the first amended complaint alleged that although Wage Order No. 4-2001 requires all employees be paid minimum wage for all hours worked, NOCROP required its part-time instructors, including Sheppard, to spend 20 minutes of unpaid time to prepare for every hour of classroom or laboratory instruction they performed. NOCROP filed a motion for summary judgment on the ground that Sheppard is a public employee and thus Wage Order No. 4-2001 does not and cannot apply to him.
Although the trial court stated it found that NOCROP met its burden in moving for summary judgment and that Sheppard failed to carry his burden of demonstrating the existence of a triable issue of material fact, the court did not grant summary judgment in favor of NOCROP. Instead, the court stated it “will treat the matter as a motion for judgment on the pleadings and grant [Sheppard] leave to amend the complaint to state a cause of action for an alleged violation of Education Code section 45025.” The court added it assumed all the facts pleaded were true for purposes of the motion only and explained it concluded the first amended complaint failed to allege facts sufficient to state a cause of action.
As explained in detail post, we conclude the trial court erred by ruling that Sheppard failed to allege facts sufficient to state a claim for violation of the minimum wage law. For the reasons we will explain, we conclude (1) by its
A.
Applicable Rules of Statutory Interpretation.
Our analysis of the trial court’s order granting judgment on the pleadings as to the violation of the minimum wage law claim primarily depends on our interpretation of Wage Order No. 4-2001 and section 1173. We therefore begin our discussion by reviewing the applicable rules of statutory interpretation.
In Martinez v. Combs (2010)
In Wells v. One2One Learning Foundation (2006)
In addition, “ ‘[sjtatutes governing conditions of employment are construed broadly in favor of protecting employees.’ [Citations.] We construe wage orders, as quasi-legislative regulations, in accordance with the standard rules of statutory interpretation.” (Bearden v. U.S. Borax, Inc. (2006)
B.
Wage Order No. 4-2001 Provides Its Minimum Wage Provision Applies to “All Persons” Directly Employed by the State or Any of Its Political Subdivisions Which the First Amended Complaint Sufficiently Alleged Included Sheppard.
Wage Order No. 4-2001 generally applies to “all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis.”
(5) We further conclude the first amended complaint alleged Sheppard was directly employed by a political subdivision of the state. NOCROP is a regional occupational program established by one or more public school districts under Education Code section 52301.
Thus, the first amended complaint sufficiently alleged facts showing that, based on the terms of Wage Order No. 4-2001, NOCROP was required to comply with the minimum wage provision contained therein.
C.
The IWC Was Authorized to Apply the Minimum Wage Requirement to Certain Public Employees.
NOCROP argues that even if Wage Order No. 4-2001, by its terms, appears to impose the minimum wage requirement as to Sheppard, the IWC exceeded its authority in doing so. For the reasons we discuss post, we disagree. We
1.
The History of the IWC and the Minimum Wage Laws Show the Legislature Has Conferred Broad Authority on the
IWC.
In Martinez, supra,
“The 1913 Legislature addressed these continuing problems by creating the IWC and delegating to it broad authority to regulate the hours, wages and labor conditions of women and minors [citation], and by proposing to the voters a successful constitutional amendment confirming the Legislature’s authority to proceed in that manner.”
In Martinez, supra,
“Today, the laws defining the IWC’s powers and duties remain essentially the same as in 1913, with a few important exceptions: First, the voters have amended the state Constitution to confirm the Legislature’s authority to confer on the IWC ‘legislative, executive, and judicial powers.’ [Citations.] Second, the Legislature has expanded the IWC’s jurisdiсtion to include all employees, male and female, in response to federal legislation barring employment discrimination because of sex [citation]. [Citations.] Third, ‘while retaining the authorizing language of [the 1913 act],’ the Legislature has ‘restated the commission’s responsibility in even broader terms’ [citation], charging the IWC with the ‘continuing duty’ to ascertain the wages, hours and labor conditions of ‘all employees in this state,’ to ‘investigate [their] health, safety, and welfare,’ to ‘conduct a full review of the adequacy of the minimum wage at least once every two years’ (Lab. Code, § 1173), and to convene wage boards and adopt new wage orders if the commission finds ‘that wages paid to employees may be inadequate to supply the cost of proper living’ [citations]. Finally, while the amount of the minimum wage has in recent years been set by statute [citations], specific employers and employees still become subject to the minimum wage only through, and under the terms of, the IWC’s applicable wage orders [citation].” (Martinez, supra,
“Although the IWC was defunded effective July 1, 2004, its wage orders remain in effect. [Citation.] [f] Effective January 1, 1998, the IWC eliminated daily overtime from five of the then existing 15 wage orders. [Citation.] ... In response, the Legislature passed, and the Governor signed, Assembly Bill No. 60 (1999-2000 Reg. Sess.), the Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999. [Citation.] Among other things, this legislation restored the eight-hour workday in section 510 and mandated meal periods in section 512.” (Johnson v. Arvin-Edison Water Storage Dist. (2009)
The Supreme Court in Martinez, supra,
2.
Section 1173 Enables the IWC to Regulate Wages of “All Employees” in the State.
The current IWC legislative enabling authority is codified at section 1173, which provides the IWC a “broad statutory mandate” to regulate the working conditions of employees in California, including setting standards for minimum wages and maximum hours. (Industrial Welfare Com. v. Superior
NOCROP argues that section 1173 does not confer on the IWC authority to regulate any public employees. Citing Wells v. One2One Learning Foundation, supra,
Furthermore, no party has cited any legal authority establishing that the IWC lacks authority to impose the minimum wage law on any portion of the
On the other hand, several appellate decisions assume the IWC’s authority to regulate the public sector in determining whether a particular wage order applied. For example, in Johnson, supra, 174 Cal.App.4th at pages 739-740, the appellate court assumed the existence of IWC authority to regulate the public sector in its discussion whether IWC wage order No. 17, on its terms, applied to a public water storage district. In Kettenring v. Los Angeles Unified School Dist. (2008)
Our interpretation of section 1173 is also consistent with legislation passed in 2003, which reveals an assumption by the Legislature itself that the IWC has authority to regulate the public sector. Section 512.5 provides: “(a) Notwithstanding any provision of this chapter, if the Industrial Welfare Commission adopts or amends an order that applies to an employee of a public agency who operates a commercial motor vehicle, it may exempt that employee from the application of the provisions of that order which relate to meal periods or rest periods, consistent with the health and welfare of that employee, if he or she is covered by a valid collective bargaining agreement. [1] (b) ‘Commercial motor vehicle’ for the purposes of this section has the same meaning as provided in subdivision (b) of Section 15210 of the Vehicle
The Legislative Counsel’s Digest of Assembly Bill No. 98 (2003-2004 Reg. Sess.), enacted as chapter 327 on September 8, 2003, page 1, through which section 512.5 wаs enacted, further explained: “Existing law authorizes the Industrial Welfare Commission to adopt or amend working condition orders with respect to break periods, meal periods, and days of rest for any workers in this state consistent with the health and welfare of those workers. Existing law prohibits an employer, with certain exceptions, from employing an employee for more than 5 hours per day without a meal period of not less than 30 minutes, or for more than 10 hours per day without a 2nd meal period of not less than 30 minutes. [][] This bill would provide that if the Industrial Welfare Commission adopts or amends an order that applies to an employee of a public agency who operates a commercial motor vehicle, it may exempt an employee covered by a valid collective bargaining agreement from provisions that relate to meal periods or rest periods.”
3.
NOCROP’s Additional Arguments Challenging the IWC’s Authority as to the Public Sector Fail.
In its appellate brief, NOCROP asserts additional arguments challenging the conclusion that the IWC had the authority to impose the minimum wage requirement on NOCROP. First, NOCROP argues section 1173 should not be construed to include authority as to any part of the public sector because “the Legislature specifically referenced public agencies in other parts of the Labor Code when it intended for those provisions to apply to them.” Our review of the Labor Code revealed that it is not a model of uniformity in its references to public employees. Some sections expressly include public entities. (See, e.g., §§ 432.7, subd. (a) [“No employer, whether a public agency or private individual or corporation”], 2808, subd. (a) [“It is the responsibility of all employers, whether public or private, to provide to all eligible employees an outline of coverage . . . .”], 2809, subd. (a) [“Any employer, whether private or public”].) Other sections expressly exclude public employees. (See, e.g., §§220, subd. (a) [“Sections 201.3, 201.5, 201.7, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California.”], 432.2, subd. (a) [“The prohibition of this section does not apply to the federal government. . . or the state government or any agency or local subdivision thereof . . . .”].) While the statutory language of section 1173 could be mоre express, we consider it sufficiently clear to reflect the Legislature’s intent to provide the
Second, NOCROP argues we should interpret section 1173 as excluding all public employees because “[t]he Legislature incorporated provisions of the Labor Code into the Education Code when it intended to apply the Labor Code to school districts.” That the Education Code incorporates portions of the Labor Code does not undermine the IWC’s authority. NOCROP has not cited any provision in the Education Code providing that the Education Code is the exclusive source of regulation regarding wages and conditions of employment for public school teachers. Furthermore, NOCROP has failed to show how imposing the minimum wage law as to its part-time instructors would be inconsistent with or otherwise create a conflict with any existing provision of the Education Code, whether dealing with compensation or otherwise.
Finally, NOCROP argues section 218, which the first amended complaint cited as Sheppard’s authority for bringing a private right of action to enforce the minimum wage law against NOCROP, is inapplicable under section 220, subdivision (b) because NOCROP is a municipal corporation to which section 218 is inapplicable and thus expressly excluded. We do not need to decide section 218’s applicability here because section 1194, subdivision (a) expressly provides in part: “Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance . . . .”
D.
The Legislature Has Plenary Authority over Public School Districts.
NOCROP argues that even assuming the IWC was legislatively authorized to impose the minimum wage law as to certain public employees, any such application of the wage orders to public employees would “unlawfully infringe on the plenary powers of cities, counties, school districts, and other local entities to determine the compensation of their own employees.” The California Supreme Court has repeatedly held, however, that thе Legislature has plenary authority over public school districts, not vice versa.
In Butt v. State of California (1992)
Significantly, article IX, section 14 of the California Constitution provides: “The Legislature shall have power, by general law, to provide for the incorporation and organization of school districts, high school districts, and community college districts, of every kind and class, and may classify such districts. [][] The Legislature may authorize the governing boards of all school districts to initiate and carry on any programs, activities, or to otherwise act in any manner which is not in conflict with the laws and purposes for which school districts are established.”
In California Teachers Assn. v. Hayes (1992)
In Wells v. One2One Learning Foundation, supra,
Article IX, section 6 of the California Constitution places a limitation on the Legislature’s authority over public school districts as it prohibits a full-time teacher employed by a school district from being paid an annual salary less than $2,400 per year.
NOCROP argues the application of the minimum wage law provision contained in Wage Order No. 4-2001 is nevertheless unconstitutional as it would “violateQ the home rule doctrine because it infringes on the powers of local cities, counties, and special districts to determine the compensation of their own workers.” NOCROP cites several cases in support of its argument, including County of Riverside v. Superior Court (2003)
NOCROP’s authorities are inapplicable because Sheppard is not employed by a city or county, but, as discussed ante, by a regional occupational program formed by multiple public school districts, over which the Legislature has plenary authority.
In light of our conclusion Wage Order No. 4-2001 effectively imposed the minimum wage law on NOCROP, based on the allegations of the first amended complaint, the trial court erred by granting judgment on the pleadings as to Sheppard’s claim for NOCROP’s violation of the minimum wage law.
m.
The Trial Court Erred by Sustaining NOCROP’s Demurrer to the Breach of Contract Claim.
Similar to the violation of the minimum wage law claim, Sheppard’s breach of cоntract claim sought compensation for the 20 minutes of “unpaid” preparation time NOCROP required for each hour Sheppard taught. The complaint sought to reform the contract by omitting the express term “unpaid” in connection with the 20 minutes of required preparation time as invalid, and then deeming the contract breached. Hence, Sheppard alleged NOCROP breached its alleged contract with Sheppard by requiring he spend 20 minutes preparing without compensation for every hour of instruction. (The complaint did not state the alleged contract contained a severability provision.)
We do not decide whether the complaint alleged facts sufficient to constitute a breach of contract cause of action within the meaning of Code of Civil Procedure section 430.10, subdivision (e), because that issue is not before us. NOCROP did not demur on this ground but instead on the very narrow ground that the claim “is barred because public employees hold their positions by statute and are prohibited from maintaining a cause of action for breach of contract or breach of the implied covenant of good faith аnd fair dealing.” We therefore consider whether all breach of contract claims by public employees against their employers are prohibited as a matter of law.
In White v. Davis (2003)
But in Miller, supra,
In White v. Davis, supra,
Here, the breach of contract claim was solely focused on recovering earned but unpaid wages.
IV.
The Trial Court Did Not Err by Sustaining NOCROP’s Demurrer to the Quantum Meruit Claim.
The trial court sustained NOCROP’s demurrer to Sheppard’s quantum meruit claim which alleged (1) Sheppard “provided valuable services to [NOCROP] in the form of time spent preparing for each hour of classroom/lab instruction, but received no compensation for rendering those services”; (2) “these services were required as part of [Sheppard]’s duties as a part-time Instructor”; and (3) he “is entitled to payment from [NOCROP] for the reasonable value of those services.”
NOCROP demurred to the quantum meruit claim on the ground that “as a matter of law, common law claims, including quantum meruit, do not lie
The trial court properly sustained the demurrer to the quantum meruit claim because such a claim cannot be asserted against a public entity. Government Code section 815 states: “Except as otherwise provided by statute: [f] (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” The legislative committee comment to section 815 states: “This section abolishes all common law or judicially declared forms of liability for public entities, except for such liability as may be required by the state or federal constitution . . . .” (Legis. Com. com., 32 West’s Ann. Gov. Code (1995 ed.) foil. § 815, p. 167, italics added.) In Miklosy v. Regents of University of California (2008)
In addition, “[a] quantum meruit or quasi-contractual recovery rests upon the equitable theory that a contract to pay for services rendered is implied by law for reasons of justice. [Citation.] However, it is well settled that there is no equitable basis for an implied-in-law promise to pay reasonable value when the parties have an actual agreement covering compensation.” (Hedging Concepts, Inc. v. First Alliance Mortgage Co. (1996)
DISPOSITION
The judgment is reversed as to the order granting judgment on the pleadings pertaining to the claim for violation of the minimum wage law and the order sustaining the demurrer as to the claim for breach of contract. The judgment is affirmed pertaining to the order sustaining the demurrer as to the
Aronson, Acting P. J., and Ikola, J., concurred.
Respondеnt’s petition for review by the Supreme Court was denied April 13, 2011, S190297.
Notes
Wage Order No. 4-2001 is set forth in title 8, section 11040 of the California Code of Regulations.
Sheppard’s opposition to the demurrer did not contain argument specifically challenging NOCROP’s demurrer to the breach of contract claim. Because NOCROP has not argued Sheppard forfeited the right to challenge the trial court’s ruling on appeal, we address the merit of Sheppard’s arguments on this issue. Sheppard does not raise any issue pertaining to his unfair competition claim in this appeal.
Education Code section 45025 provides: “Any person employed by a district in a position requiring certification qualifications who serves less than the minimum schoolday as defined in Sections 46112 to 46116, inclusive, or 46141 may specifically contract to serve as a part-time employee. In fixing the compensation of part-time employees, governing boards shall provide an amount which bears the same ratio to the amount provided full-time employees as the time actually served by such part-time employees bears to the time actually served by full-time employees of thе same grade or assignment. This section shall not apply to any person classified as a temporary employee under Sections 44919 and 44888, or any person employed as a part-time employee above and beyond his employment as a full-time employee in the same school district.”
We invited the Attorney General to file an amicus curiae brief addressing certain issues pertaining to the applicability of the minimum wage provision of Wage Order No. 4-2001 to Sheppard. The Attorney General declined our invitation.
Although this issue was not argued in the appellate briefs, at oral argument, the parties addressed whether the first amended complaint failed to allege a violation of the minimum wage law because its allegations showed Sheppard’s average compensation, factoring in his unpaid preparation time, well exceeded the minimum wage requirement. Compliance with the minimum wage law is determined by analyzing the compensation paid for each hour worked; averaging hourly compensation is not permitted under California law. In Armenta v. Osmose, Inc. (2005)
Both parties agree that if any of the IWC wage orders apply to Sheppard’s position as an instructor, the applicable wage order is Wage Order No. 4-2001.
Wage Order No. 4-2001’s predecessor, IWC wage order No. 4-2000, broadly exempted certain public employees, stating: “The provisions of this Order shall not apply to employees directly employed by the State or any county, incorporated city or town or other municipal corporation, or to outside salespersons.” (Cal. Code Regs., tit. 8, § 11040, former subd. 1(B).) Unlike wage order No. 4-2000, Wage Order No. 4-2001 narrows the exemption for employees directly employed by the state or its political subdivisions to the provisions set forth at subdivisions 3 (hours and days of work), 5 (reporting time pay), 6 (licenses for disabled workers), 7 (records), 8 (cash shortage and breakage), 9 (uniforms and equipment), 11 (meal
Education Code section 52301, subdivision (a)(1) provides in part: “The county superintendent of schools of each county, with the consent of the state board, may establish and maintain, or with one or more counties may establish and maintain, a regional occupational center, or regional occupational program, in the county to provide education and training in career technical courses.”
Section 13 of the “uncodified 1913 act” (Stats. 1913, ch. 324, § 13, p. 637), which created the IWC and delegated to it the power to set minimum wages for workers in California, stated: “ ‘Any employee receiving less than the legal minimum wage applicable to such employee shall be entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of suit, notwithstanding any agreement to work for such lesser wage.’ ” (Martinez, supra,
“Today 18 wage orders are in effect, 16 covering specific industries and occupations, one covering all employees not covered by an industry or occupation order, and a general minimum wage order amending all others to confоrm to the amount of the minimum wage currently set by statute.” {Martinez, supra,
NOCROP argues Reynolds v. Bement (2005)
Article IX, section 6 of the California Constitution provides in part: “Eaсh person, other than a substitute employee, employed by a school district as a teacher or in any other position requiring certification qualifications shall be paid a salary which shall be at the rate of an annual salary of not less than twenty-four hundred dollars ($2,400) for a person serving full time, as defined by law.”
We note that the Legislature would be further limited by article IX, section 9 of the California Constitution addressing the University of California. In addition, Education Code section 66606.2, subdivision (b) states that the Legislature intends, “[t]he California State University not be governed by any statute enacted after January 1, 1997, that does not amend a previously applicable act and that applies generally to the state or to state agencies, departments, or boards, unless the statute expressly provides that the California State University is to be governed by that statute.”
Article XI, section 1, subdivision (b) of the California Constitution provides: “The Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. .. . The governing body shall provide fоr the number, compensation, tenure, and appointment of employees.”
California Constitution, article I, section 9.
This case is therefore distinguishable from Lachtman v. Regents of University of California (2007)
NOCROP demurred to the breach of contract claim on one additional ground—“[t]he Complaint lacks the requisite specificity with respect to the periods of time Sheppard worked as a part-time public employee.” The parties do not raise or address this issue in their appellate briefs. In light of the reversal of the order sustaining the demurrer to the breach of contract claim, whether the allegations supporting the claim are sufficiently specific might be the subject of a future demurrer or motion.