Bly-Magee

Charlotte Bly-Magee (“Bly-Magee”) appeals a judgment and order dismissing the qui tam action that she brought under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733 , against the State of California, the California Department of Rehabilitation (“CDR”), the Office of the Attorney General (“OAG”), former Attorney General Daniel Lungren (“Lungren”), and various Doe defendants. We affirm the dismissal with prejudice of Bly-Magee’s claims against the State of California, the CDR, and the OAG. We also affirm the dismissal with prejudice of Bly-Magee’s claims against Lungren and the Doe defendants to the extent such claims involved conduct related to litigation duties. However, we reverse the district court’s decision to dismiss with prejudice Bly-Magee’s claims against Lungren and the Doe defendants insofar as Bly-Magee alleged conduct by these defendants that was wholly unrelated to or outside of their official duties. We conclude that Bly-Magee should have been granted leave to amend her complaint to allege such conduct in accordance with Federal Rule of Civil Procedure 9(b).

We affirm in part, reverse in part, and remand for further proceedings consistent with this…