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McMahon v. El Camino Community College District1/31/2002
ahon the opportunity to amend his complaint to add his claim for retaliatory termination under the False Claims Act; the trial court nevertheless specifically found that McMahon had failed to meet his burden of establishing that he suffered other forms of retaliation for reporting his claims.
In the instant case, after McMahon filed opposition to the demurrer, and hearing thereon, the court sustained the demurrer without leave to amend on several grounds, including the bar of the statute of limitation. McMahon appealed.
DISCUSSION
The applicable statute of limitation for a claim for wrongful discharge in violation of the public policy set out in Government Code section 12653 appears to be an issue of first impression. However, we find persuasive the cases involving similar wrongful discharge claims, which apply the one-year provision of Code of Civil Procedure section 340, subdivision (3).
A complaint fails to state a cause of action if the allegations disclose that the cause of action is barred by the applicable statute of limitations. (Debro v. Los Angeles Raiders (2001) 92 Cal.App.4th 940, 946.)
"Section 12653 of the Government Code is part of the False Claims Act. The False Claims Act concerns claims made against the state or any of its political subdivisions for money, property or services. (Gov. Code, § 12650, subd. (b)(1).) The False Claims Act provides for civil penalties against a person who, among other matters, ` nowingly presents or causes to be presented to an officer or employee of the state or of any political subdivision thereof, a false claim for payment or approval.' (Gov. Code, § 12651, subd. (a)(1).)" (LeVine v. Weis (1998) 68 Cal.App.4th 758, 763-764.) The purpose of the False Claims Act is to protect the public fisc. (Id. at p. 765.) "In general, the California [False Claims] Act permits a governmental agency, or a qui tam plaintiff bringing an action on behalf of the governmental agency, to recover civil penalties and damages from any person who, for example, knowingly presents to the state . . . a false claim for payment or approval." (Debro v. Los Angeles Raiders, supra, 92 Cal.App.4th at p. 946.)
Section 12652 sets forth three ways in which a lawsuit under the False Claims Act can proceed: first, the Attorney General "shall diligently investigate" false claims involving state funds and may bring an action against violators (§ 12652, subd. (a)(1)); second, the prosecuting authority of a political subdivision "shall diligently investigate" false claims involving political subdivision funds and may bring an action against violators (§ 12652, subd. (b)(1)); and third, a private person (referred to as the qui tam plaintiff) may bring an action, on behalf of himself as well as the state or political subdivision (§ 12652, subd. (c)(1)); (Debro v. Los Angeles Raiders, supra, 92 Cal.App.4th at pp. 946-947). Regardless of who controls the qui tam action, section 12652 entitles the qui tam plaintiff to a percentage of any recovery obtained in the litigation. (Id. at p. 947.)
The instant case, however, is not a qui tam action under section 12652, as McMahon's action would not require him to prove any of the acts which would subject District to liability under the False Claim Act. (See § 12651, setting out the acts creating liability under the Act.) Rather, it is an action which McMahon is bringing on his own behalf for damages and injunctive relief for wrongful termination from employment in violation of the public policy set out in the False Claims Act. Such an action is expressly authorized by section 12653, subdivision (c). A plaintiff bringing such an action "need not show that a false claim was actually made
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