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HORIZON WEST INC. v. ST. PAUL FIRE AND MARINE INS.

No. CIV-S-00-678 DFL/GGH.

214 F.Supp.2d 1074 (2002)

HORIZON WEST INC; Auburn Manor Inc; Parkview Nursing Center, Doing business as Auburn Manor Inc; Heritage Convalescent Hospital; Empress Convalescent Hospital; Emerald Distributing Company Inc; Far West Inc; Linwood Gardens Convalescent Hospital, Inc.; Medicrest of California Inc; Medical Center Convalescent Hospital; Medicrest of California Inc; Medicrest of California Inc, Doing business as Arlington Gardens Convalescent Hospital, Doing business as Montclair Manor Convalescent Hospital; Mid-Wilshire Convalescent Hospital Inc; Sacramento Convalescent Hospital Inc, Doing business as McKinley Health Care Center; South Gate Care Center Inc, Doing business as Casa Del Rey Care; Vallejo Convalescent Hospital Inc, Doing business as Sereno Care Center; Westgate Gardens Convalescent Center Inc; Whitehall Convalescent Hospital Inc; Wellesley Manor Convalescent Hospital, Doing business as Whitehall Convalescent Hospital Inc; Monterey Bay Convalescent Hospital Inc; — Sierra Health Care Convalescent Hospital; Sierra Medical Enterprises Inc; Holiday Hill Convalescent Hospital Inc, Doing business as Grass Valley Convalescent Hospital; El Dorado Convalescent Hospital Inc; Foothills Oaks Care Inc; Hilltop Manor Convalescent Hospital Inc; Lakeport Skilled Nursing Center Inc; Lincoln Manor Inc; Live Oak Manor Inc; Meadow View Manor Inc; Monterey Pines Skilled Nursing Facility Inc; Napa Nursing Center Inc; Placerville Pines Convalescent Hospital Inc; Roseville Convalescent Hospital Inc; Sierra Hills Care Center Inc; Sunny Hills Convalescent Hospital Inc; Valley View Skilled Nursing Facility Inc; Walnut Whitney Convalescent Hospital Inc; Sierra Solano Care Center Inc; Westcare Management Inc, a Utah Corporation; Four Corners Regional Care Center Inc; Parkdale Care Center Inc; Red Cliffs Regional Inc, a Utah Corporation; Sandy Regional Convalescent and Rehabilitation Center; Horizon West Inc, plaintiff. v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, defendant.

United States District Court, E.D. California.

April 9, 2002.

Attorney(s) appearing for the Case

Craig Edward Farmer, Farmer Murphy Smith and Alliston, Sacramento, CA, Susan G Koontz, Law Offices of Susan G Koontz, Rocklin, CA, for plaintiffs.

Norman C Hile, Orrick Herrington and Sutcliffe, LLP, Sacramento, CA, Craig Edward Farmer, Farmer Murphy Smith and Alliston, Sacramento, CA, Susan G Koontz, Law Offices of Susan G Koontz, Rocklin, CA, for Horizon West Inc, plaintiff.

Clark J Burnham, Burnham and Brown, Oakland, CA, for St Paul Fire and Marine Insurance Company, defendant.

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

Several retirement homes (collectively "Horizon West") sued St. Paul Fire and Marine Insurance Co. ("St.Paul") for failing to defend Horizon West in a suit brought under the False Claims Act ("FCA"). St. Paul moves to dismiss the suit.

I.

The facts of this case are largely undisputed. On April 4, 1997, Relators Foundation Aiding...

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