Hamby

Qui tam plaintiffs Dennis Dockstader and Christopher Dockstader challenge the dismissal of their lawsuit following the trial court’s order sustaining without leave to amend the demurrers of defendants Beth Hamby, Lynn M. Roberts, and Julie Crum. Plaintiffs brought the lawsuit under California’s False Claims Act (CFCA) (Gov. Code, § 12650 et seq.), seeking to recover funds on behalf of the State of California. Plaintiffs allege defendants, while acting as employees of the Los Angeles Unified School District (LAUSD), submitted false requests to the state seeking funding for new school construction. Plaintiffs acknowledge they may not bring a qui tarn suit against LAUSD directly, but contend the LAUSD employees involved are fair game.

We conclude the employees of a public agency, acting in the course and scope of their employment, and solely on the agency’s behalf, are not proper defendants under CFCA. In Wells v. One2One Learning Foundation (2006) 39 Cal.4th 1164 [ 48 Cal.Rptr.3d 108 , 141 P.3d 225 ] (Wells), the Supreme Court determined the Legislature did not intend a public school district to be a “person” subject to suit under CFCA, in part because of the devastating…