United States ex rel. I.B.E.W. v. G.E. Chen Construction, Inc.
Opinion
lead Opinion
Lynch, J.
ORDER
I. INTRODUCTION
Plaintiffs in this action are the Carpenters Union Local No. 217 (“Union”) and Bo Lian Zhu, Xi Rong Zhu, and Xi Feng Zhu. They have brought this qui tam suit against G.E. Chen Construction and Chun Yi Chen. Counts One and Two of the complaint are brought under the False Claims Act, 31 U.S.C. § 3729 , (“FCA”); Count Three was brought under the California False Claims Act, Cal. Govt. Code § 12650 et seq. The remaining causes of action allege various state law violations.
Defendants filed a motion to dismiss the state and federal FCA counts. The matter came on for hearing on January 24, 1997, with all parties represented by counsel.
II. DISCUSSION
A. Standard of Review
Defendants have moved to dismiss plaintiffs’ claims for lack of subject matter jurisdiction and for failure to state a claim on which relief can be granted pursuant to Fed. R.Civ.P. 12(b)(1) and (6). In reviewing a motion to dismiss, the Court considers the allegations contained in the complaint and exhibits attached to the complaint. See, e.g., Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542 , 1555 n. 19 (9th Cir.1990). The *197 complaint is construed in the light most favorable to…