Supreme Court of California

Public school districts are not "persons," as defined in the California False Claims Act (CFCA), who may be sued under the terms of that statute. However, charter schools, and the individuals, corporations, entities, or organizations that operate them, are "persons" subject to suit under both the CFCA and the unfair competition law, and are not exempt from either law merely because such schools are deemed part of the public school system.

Appellate Information

• Decided 08/31/2006
• Published 08/31/2006

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Law Offices of Michael S. Sorgen, Michael S. Sorgen, Andrea Adam Brott, Joshua N. Sondheimer, Robert S. Rivkin, San Francisco, Claudia A. Baldwin, Oakland;  Haley and Bilheimer, Allan Haley and John Bilheimer, Nevada City, for Plaintiffs and Appellants., James Moorman, Amy Wilken, Joseph E.B. White;  Law Offices of Paul D. Scott and Paul D. Scott, San Francisco, for Taxpayers Against Fraud as Amicus Curiae on behalf of Plaintiffs and Appellants.


• For Appellees:
  
• Gordon & Rees, Dion N. Cominos, Fletcher C. Alford, Heather A. McKee and Mark C. Russell, San Francisco, for Defendant and Respondent One2One Learning Foundation., Seyfarth Shaw, James M. Nelson, Oakland, Kurt A. Kappes, Jason T. Cooksey, Sacramento, and William S. Jue for Defendant and Respondent Charter School Resource Alliance., California Education Legal Services, Thomas M. Griffin, Long Beach;  Girard & Vinson, Christian M. Keiner, Sacramento, and David E. Robinett, Pleasanton, for Defendant and Respondent Camptonville Union Elementary School District., Parks, Dingwall & Associates, Linda Rhoads Parks, Brentwood;  Law Offices of Jon Webster and Jon Webster, Concord, for Defendants and Respondents Camptonville Academy, Inc., and Janice Jablecki., Needham, Davis, Kirwan & Young, Marc E. Davis, Marc J. Cardinal, Menlo Park, and Matt Demel for Defendant and Respondent Mattole Unified School District., Duncan, Ball & Evans, Evans, Wieckowski & Ward, Matthew D. Evans and James B. Carr, Sacramento, for Defendants and Respondents Sierra Summit Academy, Inc., and Sierra Plumas Joint Unified School District., Farmer, Murphy, Smith & Alliston, Craig E. Farmer, Sacramento, and Jojra E. Jackson for Statewide Association of Community Colleges, Southern California Regional Liability Excess Fund, Northern California Regional Liability Excess Fund and Schools Excess Liability Fund as Amici Curiae on behalf of Defendants and Respondents., Sharon L. Browne, Sacramento, for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents., Declues & Burkett, J. Michael Declues and Gregory A. Wille, Huntington Beach, for Coast Community College District as Amicus Curiae on behalf of Defendants and Respondents., Gibson, Dunn & Crutcher, Joel S. Sanders, San Francisco, Mark A. Perry, Ethan D. Dettmer and Rebecca Justice Lazarus, San Francisco, for PricewaterhouseCoopers LLP as Amicus Curiae on behalf of Defendants and Respondents., Ann Miller Ravel, County Counsel (Santa Clara) and Kathryn J. Zoglin, Deputy County Counsel, for California State Association of Counties as Amicus Curiae on behalf of Defendants and Respondents., Thomas Law Firm, R. Todd Bergin and Allen L. Thomas, Long Beach, for Fullerton Joint Union High School District, Brea-Olinda Unified School District, Claremont Unified School District, Huntington Beach Union High School District, Long Beach Unified School District, Newport-Mesa Unified School District, Placentia-Yorba Linda Unified School District, Pomona Unified School District, Santa Monica-Malibu Unified School District, Tustin Unified School District and Whittier Union School High School District as Amici Curiae on behalf of Defendants and Respondents., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, James Humes, Chief Assistant Attorney General, Christopher Ames, Assistant Attorney General, Larry G. Raskin and Mark R. Soble, Deputy Attorneys General, for Real Party in Interest and Respondent.