Hebb

*807 I

INTRODUCTION

Plaintiff Mahmoud Alzayat, on behalf of the People of the State of California, filed this qui tam action against his employer, Sunline Transit Agency, and his supervisor, Gerald Hebb, alleging a violation of the Insurance Frauds Prevention Act (IFPA or the Act). ( Ins. Code, § 1871 et seq. ) Alzayat alleged Hebb made false statements in an incident report submitted in response to Alzayat's claim for workers' compensation, and Hebb repeated those false statements in a deposition taken during the investigation into Alzayat's claim for compensation. Hebb's false statements resulted in Alzayat's claim being initially denied.

Defendants filed motions for judgment on the pleadings contending: (1) this lawsuit is based on allegedly false and fraudulent statements Hebb made in connection with a workers' compensation proceeding and is, therefore, barred by the litigation privilege under Civil Code 1 section 47, subdivision (b) (hereafter § 47(b) ); and (2) Alzayat's claim is barred by the workers' compensation exclusivity rule. The superior court concluded the workers' compensation exclusivity rule is inapplicable, but ruled the litigation privilege bars Alzayat's…