Mundy

INTRODUCTION

Mao’s Kitchen, Inc. (MKJ), appeals from an order granting summary judgment in favor of Thomas Mundy and Morse Mehrban. MKJ contends the superior court erred in determining that it lacked subject matter jurisdiction over MKI’s qui tam cross-complaint because the cross-complaint was based *137 upon publicly disclosed information. 1 MKI also appeals from a judgment following the grant of summary judgment, awarding costs to Mehrban. Mehrban cross-appeals from the judgment and prior orders. 2 As a party who fully prevailed, however, Mehrban cannot file a cross-appeal. (See Danielson v. Stokes (1963) 214 Cal.App.2d 234, 237 [ 29 Cal.Rptr. 489 ] [“Ordinarily if the judgment or order is in favor of a party he is not aggrieved and cannot appeal.”]; Glendale v. Crescenta Mut. Water Co. (1955) 135 Cal.App.2d 784, 798 [288 R2d 105] [“Ordinarily a respondent cannot assert error.”].) Nevertheless, we have considered Mehrban’s arguments as they relate to the summary judgment. We conclude that the superior court had subject matter jurisdiction over the qui tam cross-complaint, but that the conspiracy cause of action should be dismissed. Accordingly, we reverse the grant of…