AB 2760

Bill Subjects

Abstract

Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law authorizes the Attorney General, a prosecuting authority of a political subdivision of the state, or a qui tam plaintiff to bring a civil action to enforce these provisions. Existing law authorizes a court to award a prevailing defendant its reasonable attorney's fees and expenses, as prescribed. This bill would require, in a civil action relative to certain claims arising from a public works contract, a court to award a prevailing defendant its reasonable attorney's fees and expenses against the state or a political subdivision that prosecuted the action. This bill would prohibit, except as specified, a court from awarding a prevailing defendant its reasonable attorney's fees and expenses against a qui tam plaintiff who proceeded with an action without the assistance of the Attorney General or local prosecuting authority.