United States ex rel. Durkin v. Cnty. of San Diego

Plaintiff Michael Durkin filed this action under the qui tam provisions of the False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq. , on behalf of the United States of America and against Defendant County of San Diego. See Doc. Nos. 1, 17, 31. The United States declined to intervene in this action. See Doc. No. 7. Defendant now moves to dismiss the Second Amended Complaint ("SAC") pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that all causes of action are not pled with the specificity required by Rule 8 and Rule 9(b) of the Federal Rules of Civil Procedure. See Doc. No. 32-1 ("MTD"). Plaintiff Durkin filed an opposition [Doc. No. 33 ("Oppo.") ], the United States of America filed a statement of interest [Doc. No. 34], and Defendant filed a reply [Doc. No. 35 ("Reply") ]. The Court found the matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Doc. No. 36. For the reasons set forth below, the Court GRANTS Defendant's motion.

BACKGROUND

By way of background, Plaintiff 2 alleges that in 2014, he was involved in a lawsuit *1114 in which the owners of two properties-Lots 24 and 25-located near the…