The First Appellate District affirmed a judgment and an order awarding attorney’s fees. The court held that a private qui tam action was barred where allegations in a California False Claims Act complaint were substantially similar to information publicly disclosed in prior litigation between the parties and the qui tam plaintiff was not the original source of the information.
West Bay Builders, Inc. was the general contractor on construction of the Meadow Middle School, a public works project for the San Ramon Valley School District. When West Bay learned that Standard Elevator Company, doing business as Standard Metal Fabrication, a subcontractor on the project, was unlicensed, had lied about its references, and could not secure bonds for its work, West Bay removed Standard from the project and substituted other subcontractors.
