City of Pomona v. Superior Court

Full title: CITY OF POMONA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES…

Court: California Court of Appeals, Second District, First Division

Date published: Jun 29, 2001

No. B148045 (Cal. Ct. App. Jun. 29, 2001)

Opinion

Page 87b

90 Cal.App.4th 87b CITY OF POMONA et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent JAMES JONES COMPANY et al., Real Parties in Interest. B148045. California Court of Appeal, Second District, First Division June 29, 2001

[Modification ^* of opinion (89 Cal.App.4th 793 107 Cal.Rptr.2d 710).]

* This modification requires movement of text affecting pages 801-805 of the bound volume report.

OPINION

THE COURT. ^†

† Before Spencer, P. J., Ortega, J., and Mallano, J.

It is ordered that the opinion filed herein on May 31, 2001, be modified as follows:

1. On page 8, line 2 of the second full paragraph [89 Cal.App.4th 801, advance report, 2d par., lines 2-3], following the citation, insert "If the governmental agency does not pursue the action," at the beginning of the sentence starting with "A private person" and change "A" to "a" so that the sentence reads as follows:

If the governmental agency does not pursue the action, a private person ("qui tam plaintiff" or "relator") may file a civil action on behalf of a governmental agency.

2. On page 8, line 8 of the second full paragraph [89 Cal.App.4th 801, advance report, 2d par., line 9], following the citation, add the following sentence to the end of the paragraph.

Otherwise, a qui tam plaintiff "receive[s] at least 15 percent but not more than 33 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which [she] contributed to the prosecution of the action." (section 12652, subd. (g)(2).)

This modification does not affect the judgment.