Weitzman

I. Introduction

This is a qui tam action. A qui tam action has been defined as follows, “An action brought under a statute that allows a private person to sue for a penalty, part of which the government or some specified public institution will receive.” (Black's Law Dict. (7th ed. 1999) p. 1262, col. 1; U.S. v. Kitsap Physicians Service (9th Cir. 2002) 314 F.3d 995, 997, fn. 1 .) The term “qui tam” comes from the Latin expression “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” which means, “ ‘who pursues this action on our Lord the King’s behalf as well as his own’.” (Vermont Agency of Natural Resources v. United States ex rel. Stevens (2001) 529 U.S. 765, 768, fn. 1 [ 120 S.Ct. 1858, 1860 , 146 L.Ed.2d 836 ], italics omitted; City of Pomona v. Superior Court (2001) 89 Cal.App.4th 793, 797, fn. 1 [ 107 Cal.Rptr.2d 710 ].) The present suit has been brought on behalf of the People of the State of California pursuant to Insurance Code section 1871.7 by a relator, Allstate Insurance Company (Allstate). A “relator” has been described thus: “The real party in interest in whose name a state or an attorney general brings a lawsuit. ... A person who furnishes…