United States Ninth Circuit

In a realtor's suit under the California False Claims Act (CFCA) against various mortgage lenders on behalf of numerous California counties, alleging that defendants made false representations in naming one of the defendants as a beneficiary in recorded mortgage documents in order to avoid paying recording fees, the dismissal of the complaint for lack of subject matter jurisdiction is affirmed where: 1) the district court did not err in denying plaintiff's motion to remand to state court because he did not demonstrate how the State of California is anything more than a nominal party; and 2) plaintiff's factual allegations regarding the electronic mortgage tracking system had already been publicly disclosed, and the dates in the first amended complaint foreclose the possibility that plaintiff could be an original source of the information.

Appellate Information

• Decided 09/17/2012
• Published 09/17/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel