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ARTICLE · 08 JUNE 2023

Cal. ex rel. Sills v. Gharib-Danesh

Lewis Brisbois Bisgaard & Smith LLP
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In Cal. ex rel. Sills v. Gharib-Danesh, 88 Cal. App. 5th 824, 824, 304 Cal. Rptr. 3d 865 (2023), the California Second District Court of Appeal reversed the superior court's finding that California's "five year rule"...

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(Required Filing of Complaint Under Seal in Qui Tam Action Under California False Claims Act and California Insurance Frauds Prevention Act, Ins. Code, § 1871 Et Seq. Tolled Mandatory Requirement to Bring Action to Trial Within Five Years, Because Complaint Could Not Be Served While Case Was Under Seal and Moving For a Stay Was Not Necessary Because Stay of Prosecution Was Accomplished by Operation of Statute and Would Have Been an Idle Act)

(June 2023) - In Cal. ex rel. Sills v. Gharib-Danesh, 88 Cal. App. 5th 824, 824, 304 Cal. Rptr. 3d 865 (2023), the California Second District Court of Appeal reversed the superior court's finding that California's "five year rule" (requiring civil trials to occur within five years of filing) barred the plaintiff's qui tam action for medical insurance (workers' compensation) fraud under the California False Claims Act (CFCA) and Insurance Frauds Prevention Act (IFPA).

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