United States Ex Rel. Satalich v. City of Los Angeles

MEMORANDUM RE: DEFENDANT CITY OF LOS ANGELES’ MOTION TO DISMISS

I.

INTRODUCTION

This is a qui tam action in which Plaintiff, a former Wastewater Electrician for the City of Los Angeles (“the City”), claims that the City and various independent contractors conspired to violate a number of federal statutes including the False Claims Act (“FCA”), 31 U.S.C. § 3729 , et seq., and a federal consent decree, in connection with the renovation and operation of the Hyperion Wastewater Treatment Plant. The City has moved to dismiss Plaintiffs pro se Complaint. In a separate order, dated August 28, 2001, the Court ruled on all issues presented by the City’s Motion to Dismiss. However, because Plaintiffs FCA causes of action raise important issues not yet clearly resolved by the courts, this Court takes up those issues in this separate memorandum.

The FCA creates two different causes of action that may be brought by an individual plaintiff. First, the FCA authorizes individuals, acting in the name of the United States, to bring suit against “any person” who attempts to obtain federal funds through the submission of false or fraudulent claims for payment. See 31 U.S.C. §§ 3729 (a),…