Gonzalez v. Planned Parenthood, No. 12-56352 (9th Cir. 2014)Annotate this Case
Plaintiff filed suit against Planned Parenthood under the False Claims Act, 31 U.S.C. 3729-3733, alleging that Planned Parenthood knowingly and falsely overbilled state and federal governments for contraceptives supplied to low-income individuals. The court affirmed the district court's dismissal of the complaint on the alternative ground that the complaint did not state plausible claims for relief. Even assuming that the third amended complaint sufficiently alleged falsity, it did not satisfy Rule 8(a), which requires a plausible claim that Planned Parenthood knowingly made false claims, with the statutory scienter. Because plaintiff's own complaint attachments defeated the plausibility of his allegations, and because he had already amended his complaint several times, the district court did not abuse its discretion in denying him further leave to amend. The district court also correctly concluded that plaintiff's claims under state law were time-barred. Accordingly, the court affirmed the judgment of the district court.