Materiality Under the California FCA: Our Money Is on Escobar over Contreras
Since it was implemented in 1987, California’s version of the False Claims Act (FCA) has been a tool for qui tam and government plaintiffs alike to try to hold any party doing business with the large state of California—or one of its political subdivisions, including the University of California—accountable for fraud on the public treasury. While the California False Claims Act (CFCA) is modeled on the FCA, when it comes to the materiality requirement under the CFCA, the impact of the materiality requirement announced in Universal Health Services v. U.S. ex rel. Escobar, 136 S. Ct. 1989 (2016), so far has been uncertain.
