City of Pomona v. Superior Court (James Jones Co.) (2001)

[Modification fn. * of Opinion (89 Cal. App. 4th 793; 107 Cal.Rptr.2d 710).]

CITY OF POMONA et al., Petitioners, v. SUPERIOR COURT, Respondent. JAMES JONES COMPANY et al., Real Parties in Interest.

THE COURT. fn. † -

It is ordered that the opinion filed herein on May 31, 2001, be modified as follows:

1. On page 8, line 2 of the second full paragraph [89 Cal. App. 4th 801, advance report, 2d par., lines 2-3], following the citation, insert "If the governmental agency does not pursue the action," at the beginning of the sentence starting with "A private person" and change "A" to "a" so that the sentence reads as follows:

If the governmental agency does not pursue the action, a private person ("qui tam plaintiff" or "relator") may file a civil action on behalf of a governmental agency.

2. On page 8, line 8 of the second full paragraph [89 Cal. App. 4th 801, advance report, 2d par., line 9], following the citation, add the following sentence to the end of the paragraph.

Otherwise, a qui tam plaintiff "receive[s] at least 15% but not more than 33% of the proceeds of the action or settlement of the claim, depending on the extent to which [she] contributed to the prosecution of the action." (§ 12652, subd. (g)(2).)

This modification does not affect the judgment.

FN *. This modification requires movement of text affecting pages 801-805 of the bound volume report.

FN †. Before Spencer, P.J., Ortega, J., and Mallano, J.