U.S. EX REL. BLY-MAGEE v. PREMO

No. 05-55556.

470 F.3d 914 (2006)

UNITED STATES of America, ex rel., Plaintiff, and Charlotte Rae BLY-MAGEE, Plaintiff-Appellant, v. Brenda PREMO; Catherine Campisi; Jim Kay; Warren Hayes, a/k/a Ronald E. Glousman, MD; Keith S. Foster; Edna Larson; Kenneth Smedberg; Verne Albright; Los Angeles County Department of Mental Health, e/s/a County of Los Angeles; Los Angeles County Office of Education, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2006.


Attorney(s) appearing for the Case

Joseph E. Deems, Sherman Oaks, CA, for the appellant.

Kenneth G. Lake, Deputy Attorney General, Los Angeles, CA; Joseph L. Stark, Joseph L. Stark & Associates, Santa Clarita, CA; for the defendants-appellees.

Before: CANBY, JR., NOONAN, and BERZON, Circuit Judges.


CANBY, Circuit Judge:

In 2001 Charlotte Bly-Magee filed this qui tam action under the False Claims Act, 31 U.S.C. § 3729. She accuses the California Department of Rehabilitation ("CDR") and its employees of defrauding the federal government. The district court dismissed her Second Amended Complaint, without leave to amend. The district court held that Bly-Magee had failed to overcome the False Claims Act's jurisdictional bar that precludes private actions...

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