Culpepper
California ex rel. TIG Insurance Co. v. Culpepper
Opinion
Lead Opinion
Carney, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
I. INTRODUCTION
Plaintiff TIG Insurance Company (“TIG”), successor by merger to Fairmont Premier Insurance Company (“Fairmont”), brings this qui tam action on behalf of the People of the State of California against Defendants Brad Culpepper and Does 1 through 100, inclusive, for violations of the California Insurance Frauds Prevention Act (“CIFPA”), California Insurance Code *1123 § 1871.7(b). (Dkt. 1 Ex. A [“Compl.”].) Before the Court is Culpepper’s motion to dismiss for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). (Dkt. 11 [“Mot.”].) For the following reasons, the motion is GRANTED.
II. BACKGROUND
On November 2, 2010, Brad Culpepper filed a claim for workers’ compensation benefits against the Chicago Bears before the Workers’ Compensation Appeals Board (“WCAB”) in Santa Ana, California. (Compl. ¶ 30.) Culpepper claimed to have suffered “cumulative injury” to his. entire body while employed as a professional football player under the National Football League (“NFL”) ten years earlier. (Dkt. 12 [“Opp.”] at 2; Compl. ¶¶ 30, 33.) The claim was based on six games he had played in…