State ex rel. Hindin v. Hewlett-Packard Co.
Opinion
lead Opinion
Needham, J.
The issue in this appeal concerns the proper interpretation of the statute of limitations for a qui tam action brought by appellant Robert Hindin (Hindin) under the provisions of the California False Claims Act (California Act). (Gov. Code, § 12650 et seq.) We conclude that the three-year limitations period of Government Code section 12654, subdivision (a) commences in accord with the statutory language: when the claim is discovered by the “official of the state or political subdivision charged with responsibility to act in the circumstances,” not by a qui tam plaintiff such as Hindin. The statute of limitations has therefore not run in this case, and we reverse the judgment that dismissed the action as time-barred.
*311 I. FACTS AND PROCEDURAL HISTORY
A. Facts Underlying This Lawsuit
Hindin worked for eight years as an engineer at respondent Hewlett-Packard Company (H-P). 1 In 1996, Hindin discovered that H-P was engaged in improper activities in connection with the marketing of defective medical devices, such as cardiac defibrillators, electrodes, pulse oximeters, ultrasound imaging equipment, and equipment for monitoring the administration of anesthetics.