People v. Alves

The defendant was charged with violation of Labor Code, section 227 in that he “being an employer, did . . . wilfully and unlawfully, fail to make payments to a health and welfare fund and other such plan for the benefit of his employees, as required by the terms of a collective bargaining agreement theretofore entered into by” him. He was not charged with failing to make these payments with “intent to defraud,” a disjunctive authorized by said section. A general demurrer to the complaint was sustained without leave to amend and the People appealed from the order dismissing the action which…