City of Hawthorne Ex Rel. Wohlner v. H&C Disposal Co.

Plaintiff and appellant City of Hawthorne (City) ex rel. Howard F. Wohlner (Wohlner) appeals an order dismissing his action against defendant and respondent H&C Disposal Company (H&C) following the grant of a motion for judgment on the pleadings with respect to the fourth amended complaint. H&C also appeals, seeking review of an order granting Wohlner’s motion to strike costs.

Wohlner filed this qui tarn action against H&C under the California False Claims Act (sometimes referred to as the Act) (Gov. Code, § 12650 et seq.) to recover damages and civil penalties on behalf of the City for false claims submitted to the City. The trial court granted judgment on the pleadings, finding Wohlner’s claims were subject to the jurisdictional bars of section 12652, subdivisions (c)(10) and (d)(3)(A).

We reverse, finding neither jurisdictional bar is applicable.

Section 12652, subdivision (c)(10), the “first-to-file” rule, provides, “When a person brings an action under this subdivision, no other person may bring a related action based on the facts underlying the pending action.” (Italics added.) Here, Wohlner’s action is not precluded by any other pending litigation. The prior…