State of California v. Hewlett-Packard Co., et al.

Case Updates

The California Court of Appeal rejected NCLC’s recommendation that it affirm the trial court’s decision.

NCLC urged the appellate court to affirm the trial court’s decision to dismiss this case on statute of limitations grounds. California’s False Claims Act limits filing of complaints based on information discovered more than three years previous to the time of filing. That bar references “the official of the state or political subdivision charged with responsibility to act in the circumstances” as the individual subject to this discovery rule. The private relator in this case argues that he is not such an individual and therefore is subject instead to the ten-year statute of repose. In its brief, NCLC contended that the private relator sues in the name of the state and is therefore subject to the same limitations period.