Allegations of fraud must be specific enough to provide defendants notice of the particular misconduct so they can defend against the charge rather than merely denying wrongdoing.
A plaintiff filed a qui tam action under the False Claims Act alleging fraud and conspiracy by state officials. The district court dismissed the complaint for failure to state a claim. The court held that while state agencies enjoy sovereign immunity and officials are immune for conduct related to litigation duties, officials are not immune for actions outside their official duties. To comply with Federal Rule of Civil Procedure 9(b), allegations of fraud must be specific enough to give defendants notice of the particular misconduct alleged so they can defend against the charge rather than merely denying wrongdoing. Because the plaintiff's allegations lacked particularity, the court affirmed the dismissal of certain claims but reversed the dismissal of claims involving conduct outside official duties, remanding with leave to amend.
At page 1019 Specifying fraud allegations and leave to amend322 citing cases“to comply with rule 9(b), allegations of fraud must be specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong.”
- Moore v. Regeneron Pharm., Inc., No. 24-5569 (9th Cir. Aug. 19, 2026).unpublished ([M]ere conclusory allegations of fraud are insufficient.)
- Hallmon v. Stanislaus Cnty., No. 1:19-cv-01623 (E.D. Cal. Apr. 22, 2022).(We consistently have held that leave to amend should be granted unless the district 10 court ‘determines that the pleading could not possibly be cured by the allegation of other facts.’)
- McGee v. Poverello House, No. 1:18-cv-00768 (E.D. Cal. Oct. 30, 2019). (We 3 consistently have held that leave to amend should be granted unless the district court ‘determines that 4 the pleading could not possibly be cured by the allegation of other facts.’)
- US ex rel. Cericola v. Fed. Nat. Mortg., 529 F. Supp. 2d 1139 (C.D. Cal. 2007).published (Because `insiders privy to a fraud on the government' should have adequate knowledge of the wrongdoing at issue, such insiders should be able to comply with Rule 9(b))
- United States ex rel. Cericola v. Fed. Nat'l Mortg. Assoc, 529 F. Supp. 2d 1139 (C.D. Cal. 2007).published (Because ‘insiders privy to a fraud on the government’ should have adequate knowledge of the wrongdoing at issue, such insiders should be able to comply with Rule 9(b))
- Iofis, No. 1:26-cv-04781 (E.D. Cal. Sept. 18, 2026).Leave to Amend 9 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should 10 be granted unless the district court determines that the pleading could not possibly be cured by the 11 allegation of other facts.” B…
- Yamashita, No. 3:25-cv-02073 (D. Or. Sept. 15, 2026).There is sufficient detail in Yamashita’s complaint to “give [WEX] notice of the particular conduct” such that it can “defend against the charge and not just deny that they have done anything wrong.” See Vess, 317 F.3d at 1106 (quoting Bly…
- 2525 Ramona, LLC v. Starbucks Corp., No. 3:26-cv-02733 (S.D. Cal. Aug. 28, 2026).The allegations must be “specific 9 enough to give defendants notice of the particular misconduct . . . so that they can defend 10 against the charge.” Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1106 (9th Cir. 2003) 11 (quoting Bly-Magee…
- Cabral, No. 1:26-cv-02950 (E.D. Cal. Aug. 21, 2026).Leave to Amend 5 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should be 6 granted unless the district court determines that the pleading could not possibly be cured by the 7 allegation of other facts.” Bly…
- Parashos, No. 3:26-cv-00314 (N.D. Cal. Aug. 7, 2026).“specific enough to give defendants notice of the particular misconduct … so that they can defend 23 against the charge and not just deny that they have done anything wrong”
Show 188 more citing cases
- Joseph Picano Salazar v. Select Portfolio Servicing, Inc., No. 1:25-cv-00172 (E.D. Cal. June 12, 2026).Leave to Amend 20 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should be 21 granted unless the district court determines that the pleading could not possibly be cured by the 22 allegation of other facts.”…
- Perkins, No. 1:26-cv-02601 (E.D. Cal. June 9, 2026).Leave to Amend 9 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should be 10 granted unless the district court determines that the pleading could not possibly be cured by the 11 allegation of other facts.” B…
- Lance Miller v. Columbia Bank, No. 2:25-cv-01870 (W.D. Wash. June 9, 2026).To satisfy Rule 17 9(b), “allegations of fraud must be ‘specific enough to give defendants notice of the 18 particular misconduct which is alleged to constitute the fraud charged so that they can 19 defend against the charge and not just d…
- Nemeh, No. 2:23-cv-02009 (D. Ariz. June 4, 2026).“To comply with Rule 19 9(b), allegations of fraud must be specific enough to give defendants notice of the particular 20 misconduct which is alleged to constitute the fraud charged so that they can defend against 21 the…”
- Madill, No. 4:24-cv-00114 (D. Mont. Jan. 29, 2026).Though the FAC is sufficient to “give [T-Mobile] notice of the particular misconduct which is alleged,” it is insufficient to show the allegations have any “factual basis.” Bly-Magee, 236 F.3d at 1018-19.
- JLJ Prods. LLC v. Amazon.com Servs. LLC, No. 2:25-cv-01503 (W.D. Wash. Jan. 16, 2026).“allegations of fraud must be ‘specific enough to give defendants notice of the particular 16 misconduct which is alleged to constitute the fraud charged so that they can defend 17 against the charge and not just deny th…”
- Ma, No. 2:25-cv-01235 (W.D. Wash. Jan. 14, 2026).“allegations of fraud must be ‘specific enough to give 4 defendants notice of the particular misconduct which is alleged to constitute the fraud 5 charged so that they can defend against the charge and not just deny that…”
- Goodwind Dev. Corp. v. West Bay Corp., 2025 Guam 15 (Guam 2025).published“As a justification for [the] minimum level of specificity” required for pleading fraud-related claims, “courts reason that the ‘allegations of fraud must be “specific enough to give defendants notice of the particular [fraudulent] miscond…
- Blum, No. 2:25-cv-00977 (W.D. Wash. Dec. 29, 2025).“allegations of fraud must be ‘specific enough to give 6 defendants notice of the particular misconduct which is alleged to constitute the fraud 7 charged so that they can defend against the charge and not just deny that…”
- Boose, No. 3:25-cv-03366 (N.D. Cal. Dec. 19, 2025).“Parties must allege fraud with particularity under Federal Rule of Civil 26 Procedure 9(b), including the who, what, when, where, and how of the misconduct charged.” 27 Coronavirus Rep. v. Apple, Inc., 85 F.4th 948, 958 (9th Cir. 2023) (c…
- Cesario, No. 3:23-cv-01803 (S.D. Cal. Dec. 19, 2025).“To comply with Rule 9(b), allegations of fraud must be 7 specific enough to give defendants notice of the particular misconduct which is alleged to 8 constitute the fraud charged so that they can defend against the char…”
- Mayes, No. 2:22-cv-01269 (W.D. Wash. Nov. 10, 2025).Regardless of whichever state’s law 24 controls the claim, Plaintiff’s pleading does not meet the particularity requirements of Rule 9(b). 1 When pleading fraud, a plaintiff must normally plead “‘the who, what, when, where, and 2 how’ of t…
- Ratra, No. 1:24-cv-04816 (S.D.N.Y. Sept. 29, 2025).Cal. Dec. 20, 2016) (“Ralph Lauren I”) (citing Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 2001)).
- Counts, No. 2:20-cv-02441 (E.D. Cal. Sept. 15, 2025).“specific enough to give defendants notice of the 11 particular misconduct . . . so that they can defend against the charge and not just deny that they 12 have done anything wrong”
- State of Montana v. Eli Lilly & Co., No. 2:23-cv-04214 (D.N.J. Sept. 5, 2025).unpublishedWhen fraud is alleged, Rule 9(b) requires the party state “with particularity the circumstances constituting the fraud.” Rule 9(b) “demands that the circumstances constituting the alleged fraud ‘be specific enough to give defendants notice…
- Cnty. of Albany v. Eli Lilly & Co., No. 2:23-cv-07042 (D.N.J. Sept. 5, 2025).unpublishedIll. Feb. 10, 2025) (citing Vicom, Inc. v. Harbridge Merchant Servs., Inc., 20 F.3d 771, 778 (7th Cir. 1994)); Kearns v. Ford Motor Co., 567 F.3d 1120, 1124 (9th Cir. 2009) (citing Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 200…
- Myers v. Kem, No. 1:24-cv-00056 (D. Mont. Aug. 15, 2025).Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 2001).
- Frye v. Ass'n of State & Provincial Psychology Boards, No. 1:25-cv-00236 (E.D. Cal. Aug. 1, 2025). Cal. July 30, 5 2007); Bly–Magee, 236 F.3d at 1019; Cato, 70 F.3d at 1106 ; Hartmann, 707 F.3d at 1130 . 6 b.
- Banq, Inc. v. Purcell, No. 2:22-cv-00773 (D. Nev. July 29, 2025).(simplified)
- McGarity v. Sun-Maid Growers of California, 801 F. Supp. 3d 1120 (S.D. Cal. 2025).publishedThis 20 heightened pleading standard requires that “when averments of fraud are made, the 21 circumstances constituting the alleged fraud [must] ‘be specific enough to give defendants 22 notice of the particular misconduct . . . so that th…
- Dunn v. Dep't of Consum. Affair, No. 1:25-cv-00777 (E.D. Cal. July 29, 2025).Leave to Amend 27 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should be 28 granted unless the district court determines that the pleading could not possibly be cured by the 1 allegation of other facts.” B…
- Fields v. Hill, No. 1:25-cv-00688 (E.D. Cal. July 25, 2025).Leave to Amend 7 When dismissing a complaint, the Ninth Circuit has stated that “leave to amend should be 8 granted unless the district court determines that the pleading could not possibly be cured by the 9 allegation of other facts.” Bly…
- Madill v. T-Mobile West LLC, No. 4:24-cv-00114 (D. Mont. July 22, 2025).Bly-Magee v. California, 236 F.3d 1014, 1019 (9th Cir. 2001).
- United States v. Sutter Health, No. 5:18-cv-02067 (N.D. Cal. Aug. 18, 2021).
- United States v. 1850 Bryant Land LLC, No. 3:21-cv-05742 (N.D. Cal. Jan. 9, 2023).
- United States v. Boeing Co., No. 2:19-cv-00600 (W.D. Wash. Sept. 29, 2023).
- In re Robert Grier v. Finjan Holdings, Inc., 58 F.4th 1048 (9th Cir. 2023).published
- Glazer Capital Mgmt., L.p v. Forescout Tech., Inc., 63 F.4th 747 (9th Cir. 2023).published
- Amalgamated Bank v. Facebook, Inc., 87 F.4th 934 (9th Cir. 2023).published
- Ali Uyanik v. Wawanesa Gen. Ins. Co., No. 22-16685 (9th Cir. Nov. 30, 2023).unpublished
- Omotoye v. Td Bank, No. 2022-3861 (D.D.C. Mar. 12, 2024).published
- Culver Clinic Dev., Inc. v. Millennium Sys. Int'l, LLC, No. 2:21-cv-08374 (C.D. Cal. Jan. 7, 2022).
- Michael Chong Ku Walters v. Gen. Motors LLC, No. 2:23-cv-06982 (C.D. Cal. Oct. 24, 2023).
- William M. Turner v. Porsche Cars North Am., Inc., No. 2:23-cv-06465 (C.D. Cal. Dec. 19, 2023).
- Arif Akhtar v. Compound Labs Inc., No. 2:23-cv-07440 (C.D. Cal. Apr. 13, 2024).
- Anderson v. Rail Road Ret. Brd, No. 4:22-cv-00014 (D. Alaska Dec. 8, 2022).
- Takieh v. Banner Health, 515 F. Supp. 3d 1026 (D. Ariz. 2021).published
- Munderloh v. Biegler GmbH, No. 3:21-cv-08004 (D. Ariz. Mar. 28, 2022).
- Obertman v. Electrolux Home Care Prods., Inc., 482 F. Supp. 3d 1017 (E.D. Cal. 2020).published
- (CONSENT) A.B. Concrete Coating Inc. v. Wells Fargo Bank, N.A., 491 F. Supp. 3d 727 (E.D. Cal. 2020).published
- Lim v. Child Prot. Servs. of Tulare Cnty., No. 1:20-cv-01049 (E.D. Cal. Nov. 20, 2020).
- Pennie Roper v. Big Heart Pet Brands, Inc., 510 F. Supp. 3d 903 (E.D. Cal. 2020).published
- Epperson v. Cederborg, No. 1:20-cv-01500 (E.D. Cal. Jan. 15, 2021).
- Harris v. LSP Prods. Grp., Inc., No. 2:18-cv-02973, 2021 WL 2682045 (E.D. Cal. June 30, 2021).
- Yocom v. Cnty. of Tulare, No. 1:21-cv-00557 (E.D. Cal. July 12, 2021).
- Loughlin v. Kaiser Permanente, No. 2:21-cv-00539 (E.D. Cal. Nov. 9, 2021).
- Kerkorian v. Samsung Elec. Am., Inc., No. 1:18-cv-00870 (E.D. Cal. Nov. 18, 2021).
- Henderson v. Hamilton, No. 1:21-cv-00697 (E.D. Cal. Nov. 24, 2021).
- Victoria Annunizato v. Megan Guthrie, No. 2:20-cv-11592 (C.D. Cal. Oct. 26, 2021).
- Foran v. Ulthera, Inc., No. 1:20-cv-00267 (E.D. Cal. Feb. 18, 2022).
- Henry's Bullfrog Bees v. Sunland Trading, Inc., No. 2:21-cv-00582 (E.D. Cal. Feb. 25, 2022).
- Labbe' v. Dometic Corp., No. 2:20-cv-01975 (E.D. Cal. Mar. 22, 2022).
- Davies-Garcia v. Cnty. of Kings State Superior Fam. Law, No. 1:22-cv-00214 (E.D. Cal. Apr. 22, 2022).
- Oregon v. Boston Sci. Corp., No. 1:21-cv-01092 (E.D. Cal. May 20, 2022).
- (PC) Givens v. Tesluk, No. 2:20-cv-00930 (E.D. Cal. June 14, 2022).
- Dennison v. Whitten Stowers, No. 1:22-cv-00336 (E.D. Cal. June 21, 2022).
- Antl v. AGA Serv. Co., No. 2:22-cv-00504 (E.D. Cal. July 13, 2022).
- Williams v. Perry & Assocs. Attorneys At Law, No. 1:22-cv-00733 (E.D. Cal. Sept. 2, 2022).
- Jones v. Pope, No. 1:22-cv-01232 (E.D. Cal. Oct. 25, 2022).
- Antl v. AGA Serv. Co., No. 2:22-cv-00504 (E.D. Cal. Nov. 4, 2022).
- Rice v. Kimberly-Clark Corp., No. 2:21-cv-01519, 2022 WL 16804522 (E.D. Cal. Nov. 8, 2022).
- Sanders v. JD Home Rentals, No. 1:22-cv-00251 (E.D. Cal. Nov. 28, 2022).
- Sanders v. JD Home Rentals, No. 1:22-cv-00251 (E.D. Cal. Jan. 30, 2023).
- Compu-Link Corp. v. PHH Mortg. Corp., No. 2:22-cv-00983 (E.D. Cal. May 15, 2023).
- (PC) Iseli v. ALEG, No. 2:23-cv-00084 (E.D. Cal. Aug. 14, 2023).
- (PC) Harrison v. Osuji, No. 1:23-cv-01413 (E.D. Cal. Nov. 21, 2023).
- (PS) Peden v. Zaman, No. 2:23-cv-02267 (E.D. Cal. Jan. 10, 2024).
- Nevada Fleet LLC v. Fedex Corp., No. 2:17-cv-01732 (E.D. Cal. Jan. 18, 2024).
- Dunn v. HUD / Urban Dev., No. 1:23-cv-01565 (E.D. Cal. Jan. 18, 2024).
- Vela v. ATT, No. 1:23-cv-01628 (E.D. Cal. Feb. 8, 2024).
- Mazik v. Kaiser Permanente, Inc., No. 2:19-cv-00559 (E.D. Cal. Feb. 13, 2024).
- Smith v. Novoa, No. 1:24-cv-00199 (E.D. Cal. Feb. 28, 2024).
- Duarte v. VA Hosp., No. 1:23-cv-00493 (E.D. Cal. Apr. 3, 2024).
- Condrashoff v. Gen. Motors LLC, No. 2:24-cv-00108 (E.D. Cal. May 23, 2024).
- United States v. McKesson Corp., No. 4:19-cv-02233, 2020 WL 4805034 (N.D. Cal. Aug. 18, 2020).
- Chamberlin v. Hartog, Baer & Hand, APC, No. 3:19-cv-08243 (N.D. Cal. Sept. 1, 2020).
- Wolf v. Shaw, No. 3:19-cv-02881 (N.D. Cal. Oct. 29, 2020).
- Challenge Printing Co. v. Elec. For Imaging Inc., 500 F. Supp. 3d 952 (N.D. Cal. 2020).published
- United States v. McKesson Corp., No. 4:19-cv-02233 (N.D. Cal. Feb. 16, 2021).
- Maisel v. S.C. Johnson & Son, Inc., No. 3:21-cv-00413, 2021 WL 1788397 (N.D. Cal. May 5, 2021).
- Metro Servs. Grp. v. Travelers Caualty & Sur. Co. of Am., No. 4:21-cv-02178 (N.D. Cal. June 25, 2021).
- Kum v. Mercedes-Benz USA, LLC, No. 3:20-cv-06938 (N.D. Cal. June 30, 2021).
- McGinity v. Proctor & Gamble Co., No. 4:20-cv-08164 (N.D. Cal. Aug. 31, 2021).
- Marani v. Cramer, No. 4:19-cv-05538 (N.D. Cal. Dec. 10, 2021).
- Briana Leakas v. Monterey Bay Military Hous., LLC, No. 5:22-cv-01422 (N.D. Cal. June 15, 2022).
- Deno v. State Farm Gen. Ins. Co., No. 3:22-cv-00513 (N.D. Cal. Sept. 8, 2022).
- Faizi v. Temori, No. 5:22-cv-04224 (N.D. Cal. Oct. 12, 2022).
- LeGrand v. Abbott Labs., 655 F. Supp. 3d 871 (N.D. Cal. 2023).published
- Davis v. Rebel Creamery LLC, No. 3:22-cv-04111 (N.D. Cal. Mar. 23, 2023).
- MEZA v. Coty, Inc., No. 5:22-cv-05291 (N.D. Cal. Apr. 24, 2023).
- United States v. 1850 Bryant Land LLC, No. 3:21-cv-05742 (N.D. Cal. June 30, 2023).
- Milstead v. Gen. Motors LLC, No. 4:21-cv-06338, 2023 WL 4410502 (N.D. Cal. July 6, 2023).
- Serving Seniors Care, Inc. v. Serratore-Rebong Grp. of Companies Corp, No. 3:23-cv-02333 (N.D. Cal. July 17, 2023).
- Bryan v. Del Monte Foods, Inc., No. 3:23-cv-00865, 2023 WL 4758452 (N.D. Cal. July 25, 2023).
- Milstead v. Gen. Motors LLC, No. 4:21-cv-06338 (N.D. Cal. Nov. 3, 2023).
- Spice Jazz LLC v. Youngevity Int'l, Inc., No. 3:19-cv-00583 (S.D. Cal. Nov. 4, 2020).
- Lessin v. Ford Motor Co., No. 3:19-cv-01082, 2020 WL 6544705 (S.D. Cal. Nov. 6, 2020).
- Omidi v. Wal-Mart Stores, Inc., No. 3:14-cv-00857 (S.D. Cal. Feb. 4, 2021).
- Arnold v. Hearst Magazine Media, Inc., No. 3:19-cv-01969 (S.D. Cal. Feb. 10, 2021).
- Casey v. Gen. Motors, LLC, No. 3:20-cv-00299 (S.D. Cal. Mar. 18, 2021).
- Casey v. Gen. Motors, LLC, No. 3:20-cv-00299 (S.D. Cal. Apr. 13, 2021).
- Sec. & Exch. Comm'n v. Sztrom, 538 F. Supp. 3d 1050 (S.D. Cal. 2021).published
- Uhlig v. Fairn & Swanson Holdings, Inc., No. 3:20-cv-00887 (S.D. Cal. May 24, 2021).
- LBF Travel Mgmt. Corp. v. DeRosa, No. 3:20-cv-02404 (S.D. Cal. June 28, 2021).
- Lessin v. Ford Motor Co., No. 3:19-cv-01082, 2021 WL 3810584 (S.D. Cal. Aug. 25, 2021).
- Ludlow v. Flowers Foods, Inc., No. 3:18-cv-01190-JO-JLB (S.D. Cal. Sept. 29, 2021).
- William & Ave Bortz v. JP Morgan Chase Bank N.A., No. 3:21-cv-00618 (S.D. Cal. Oct. 15, 2021).
- LBF Travel Mgmt. Corp. v. DeRosa, No. 3:20-cv-02404 (S.D. Cal. Nov. 15, 2021).
- Romoff v. Gen. Motors LLC, 574 F. Supp. 3d 782 (S.D. Cal. 2021).published
- Palleson v. Boston Sci. Corp., No. 3:21-cv-01037 (S.D. Cal. Dec. 1, 2021).
- Verbick v. Movement Tech. Co., No. 3:20-cv-00611 (S.D. Cal. Nov. 19, 2021).
- William & Ave Bortz v. JP Morgan Chase Bank N.A., No. 3:21-cv-00618 (S.D. Cal. May 10, 2022).
- Vitiosus v. Alani Nutrition, LLC, No. 3:21-cv-02048, 2022 WL 2441303 (S.D. Cal. July 5, 2022).
- LBF Travel Mgmt. Corp. v. DeRosa, No. 3:20-cv-02404 (S.D. Cal. Aug. 22, 2022).
- Perez v. Bank of Am., N.A., No. 3:21-cv-01977 (S.D. Cal. Aug. 26, 2022).
- Frengel v. McLaren Auto., Inc., No. 3:22-cv-00664 (S.D. Cal. Sept. 2, 2022).
- Lucore v. Bank of Am., N.A., No. 3:22-cv-00220 (S.D. Cal. Sept. 12, 2022).
- City of Birmingham Relief & Ret. Sys. v. Acadia Pharm. Inc., No. 3:21-cv-00762 (S.D. Cal. Sept. 27, 2022).
- Martinez v. Ford Motor Co., No. 3:22-cv-01082, 2022 WL 14118926 (S.D. Cal. Oct. 24, 2022).
- Zamfir v. Casperlabs, LLC, No. 3:21-cv-00474 (S.D. Cal. Oct. 25, 2022).
- Frengel v. McLaren Auto., Inc., 644 F. Supp. 3d 738 (S.D. Cal. 2022).published
- Tirgari v. Kazemipour, No. 3:22-cv-00541 (S.D. Cal. Dec. 15, 2022).
- City of San Diego v. Invitation Homes, Inc., No. 3:22-cv-00260 (S.D. Cal. Jan. 3, 2023).
- Drake v. Bayer Healthcare LLC, No. 3:22-cv-01085 (S.D. Cal. Feb. 28, 2023).
- Zamfir v. Casperlabs, LLC, No. 3:21-cv-00474 (S.D. Cal. Mar. 8, 2023).
- Gold v. Nat'l Default Servicing Corp., No. 3:22-cv-01232 (S.D. Cal. Mar. 7, 2023).
- Parkside/El Centro Homeowners Ass'n v. Travelers Cas. Ins. Co. of Am., No. 3:20-cv-01732 (S.D. Cal. Mar. 29, 2023).
- Sarkesian v. Ford Motor Co., No. 3:22-cv-00966 (S.D. Cal. Apr. 18, 2023).
- Walcoff v. Innofoods USA, Inc., No. 3:22-cv-01485 (S.D. Cal. May 4, 2023).
- Vicentini v. Tillster, Inc., No. 3:22-cv-01148 (S.D. Cal. May 19, 2023).
- Scheibe v. Livwell Prods. LLC., No. 3:23-cv-00216 (S.D. Cal. July 7, 2023).
- Scheibe v. Lifeaid Beverage LLC, No. 3:23-cv-00840, 2023 WL 6131082 (S.D. Cal. Sept. 19, 2023).
- Kevorkian v. Safeco Ins. Co. of Am., No. 3:23-cv-00229, 2023 WL 6612497 (S.D. Cal. Oct. 10, 2023).
- Scheibe v. Fit Foods Distrib. Inc., No. 3:23-cv-00220 (S.D. Cal. Nov. 8, 2023).
- Kinnee v. TEI Biosciences Inc., No. 3:22-cv-00604 (S.D. Cal. Nov. 27, 2023).
- Simon v. Superior Court of California, No. 3:23-cv-00889 (S.D. Cal. Jan. 18, 2024).
- United States v. Stratics Networks Inc., 721 F. Supp. 3d 1080 (S.D. Cal. 2024).published
- Liberty Mut. Ins. Co. v. Hawaiya Tech., Inc., No. 1:23-cv-00117 (D. Haw. Nov. 14, 2023).
- Buckman v. Buckman, No. 1:24-cv-00129 (D. Haw. May 10, 2024).
- Merch. Payment Solutions, LLC v. West Payments LLC, No. 1:23-cv-00438 (D. Haw. May 22, 2024).
- Anderson v. Boyne USA, Inc., No. 2:21-cv-00095 (D. Mont. July 7, 2022).
- Deveraux v. Meadowlark of Billings LLC, No. 1:22-cv-00136, 2023 WL 2330311 (D. Mont. Mar. 2, 2023).
- Lets Get Moving v. Lagestic, No. 2:23-cv-00014 (D. Mont. Nov. 22, 2023).
- Mehta v. Victoria Partners, No. 2:21-cv-01493 (D. Nev. Sept. 2, 2022).
- Byrd Underground, LLC v. Automatic Data Processing, Inc., No. 2:22-cv-01329 (D. Nev. Aug. 9, 2023).
- Breanna Dee Madrid, No. 22-04031 (Bankr. W.D. Wash. Mar. 25, 2022).
- Leslie v. Gen. Motors LLC, No. 1:24-cv-00915 (E.D. Cal. Sept. 13, 2024).
- Murphy v. Moore, No. 1:24-cv-00226 (E.D. Cal. Sept. 30, 2024).
- Cullis v. Tesla, Inc., No. 2:23-cv-00798 (E.D. Cal. Oct. 25, 2024).
- Lynwood Investments CY Ltd. v. Konovalov, No. 3:20-cv-03778 (N.D. Cal. Mar. 25, 2021).
- Gaines v. State of California, No. 3:24-cv-01280 (N.D. Cal. Sept. 5, 2024).
- Shared P'ship v. Meta Platforms, Inc., No. 3:22-cv-02366, 2024 WL 4280936 (N.D. Cal. Sept. 23, 2024).
- Raya v. Barka, No. 3:19-cv-02295 (S.D. Cal. Mar. 28, 2022).
- Sahel Oncology, LLC v. STA Pharm. Hong King Ltd., No. 3:23-cv-01458 (S.D. Cal. June 18, 2024).
- Calcagno v. Kipling Apparel Corp., No. 3:23-cv-02247 (S.D. Cal. July 1, 2024).
- Zamora v. Bridgecrest Credit Co., No. 3:24-cv-00236 (S.D. Cal. Sept. 5, 2024).
- Craig v. Hawthorne Mach. Co., No. 3:20-cv-01625 (S.D. Cal. Sept. 25, 2024).
- Buckman v. Buckman, No. 1:24-cv-00129 (D. Haw. Oct. 30, 2024).
- Kaiser v. Imperial Oil of North Dakota, Inc., No. 1:23-cv-00059 (D. Mont. Feb. 14, 2024).
- Clark v. Eddie Bauer LLC, No. 2:20-cv-01106, 2021 WL 1222521 (W.D. Wash. Apr. 1, 2021).
- Picciano v. Clark Cnty., No. 3:20-cv-06106 (W.D. Wash. Jan. 4, 2022).
- Heck v. Amazon.com Inc, No. 2:23-cv-01219 (W.D. Wash. Jan. 23, 2024).
- Islas v. Bank of Am., No. 2:24-cv-00493 (W.D. Wash. July 1, 2024).
- Lynwood Investments Cy Ltd. v. Maxim Konovalov, No. 22-16399 (9th Cir. Nov. 6, 2024).unpublished
- Smith v. Ayodele, No. 1:24-cv-01100 (E.D. Cal. Nov. 8, 2024).
- Martinez v. Nienow, No. 3:23-cv-02338 (S.D. Cal. Dec. 20, 2024).
- Tyree v. Melton, No. 1:24-cv-00231 (D. Idaho Feb. 19, 2025).
- (PS) Halajian v. Yost, No. 1:24-cv-00826 (E.D. Cal. Feb. 25, 2025).
- Jimenez v. United States, No. 1:24-cv-01376 (E.D. Cal. Feb. 27, 2025).
- Wong v. Iovate Health Sciences U.S.A. Inc., No. 2:24-cv-00901 (E.D. Cal. Mar. 14, 2025).
- Schulz v. Caliber Fitness Inc., No. 2:24-cv-01151 (D. Ariz. Mar. 25, 2025).
- Smith v. Chase Bank, No. 1:25-cv-00330 (E.D. Cal. Mar. 31, 2025).
- Wilson Aerospace LLC v. Boeing Co., No. 2:23-cv-00847 (W.D. Wash. Mar. 14, 2025).
- Mundle v. Doxo Inc, No. 2:24-cv-00893 (W.D. Wash. Apr. 16, 2025).
- Elevated AG, LLC v. Assemi, No. 1:24-cv-01372 (E.D. Cal. Apr. 16, 2025).
- Smith v. Ayodele, No. 1:24-cv-01562 (E.D. Cal. Apr. 21, 2025).
- Smith v. City of Fresno, No. 1:25-cv-00420 (E.D. Cal. Apr. 21, 2025).
- Smith v. Farmers Ins., No. 1:25-cv-00422 (E.D. Cal. Apr. 21, 2025).
- Blue Line Foodservice Distrib., Inc. v. Cathcart, No. 3:24-cv-01250 (S.D. Cal. Apr. 30, 2025).
- Keir Milan v. JPMorgan Chase Bank, N.A., No. 2:24-cv-06323 (C.D. Cal. May 7, 2025).
- Harvey v. World Mkt., LLC, No. 3:25-cv-01242 (N.D. Cal. May 9, 2025).
- Jackson v. Kroger Co, No. 2:24-cv-02128 (W.D. Wash. May 14, 2025).
- Peterfai v. USA Logistics Inc., No. 3:23-cv-01695 (S.D. Cal. June 2, 2025).
- Bontly v. Audi of Am., LLC, No. 2:23-cv-02025, 2025 WL 1555993 (D. Nev. June 2, 2025).
- Dunn v. Noble Credit Union, No. 1:25-cv-00561 (E.D. Cal. June 25, 2025).
- Dunn v. Noble Credit Union, No. 1:25-cv-00561 (E.D. Cal. July 3, 2025).
- AHP Capital Mgmt. LLC v. Oak Harbor Capital LLC, No. 2:25-cv-00007 (W.D. Wash. July 8, 2025).
- Ramos v. Funding Rush, Inc., No. 1:23-cv-01016 (E.D. Cal. July 9, 2025).
At page 1018 Immunity for attorneys general and rule 9(b) requirements130 citing cases“absolutely immune for conduct during performance of official duties”
- US ex rel. Cericola v. Fed. Nat. Mortg., 529 F. Supp. 2d 1139 (C.D. Cal. 2007).published See Bly-Magee, 236 F.3d at 1019 ("Because `insiders privy to a fraud on the government' should have adequate knowledge of the wrongdoing at issue, such insiders should be able to comply with Rule 9(b)") (citation omitted). 3.
- United States ex rel. Cericola v. Fed. Nat'l Mortg. Assoc, 529 F. Supp. 2d 1139 (C.D. Cal. 2007).published See Bly-Magee, 236 F.3d at 1019 (“Because ‘insiders privy to a fraud on the government’ should have adequate knowledge of the wrongdoing at issue, such insiders should be able to comply with Rule 9(b)”) (citation omitted). 3.
- United States ex rel. Clausen v. Lab'y Corp. of Am., 290 F.3d 1301 (11th Cir. 2002).published (The [False Claims Act] is an anti-fraud statute.... [C]omplaints brought under the [Act] must fulfill the requirements of Rule 9(b) — defendants accused of defrauding the federal government have the same protections as…)
- Kenfort Robin Williams v. People, No. 2:26-cv-05694 (C.D. Cal. Aug. 31, 2026).(finding that prosecutors were not 27 “immune for any actions that [were] wholly unrelated to or outside of their official 1 duties)
- Paul, No. 3:25-cv-02139 (D. Or. May 25, 2026).This immunity does not apply to actions that are “wholly unrelated to or outside of [the attorney’s] official duties.” Id. (quoting Bly–Magee v. California, 236 F.3d 1014, 1018 (9th Cir. 2001).
- Madill, No. 4:24-cv-00114 (D. Mont. Jan. 29, 2026).Though the FAC is sufficient to “give [T-Mobile] notice of the particular misconduct which is alleged,” it is insufficient to show the allegations have any “factual basis.” Bly-Magee, 236 F.3d at 1018-19.
- Terrible Herbst, Inc. v. Peter S. Christiansen, No. 2:24-cv-02277 (D. Nev. Jan. 6, 2026).Cafasso v. General Dynamics C4 Sys., Inc., 637 F.3d 1047, 1057 (9th Cir. 2011) (Rule 2 9(b) serves to “deter the filing of complaints as a pretext for the discovery of unknown wrongs”) 3 (quoting Bly-Magee v. California, 236 F.3d 1014, 101…
- Rand, No. 2:25-cv-04418 (D. Ariz. Dec. 11, 2025).However, government attorneys “are not immune from 27 any actions that are wholly unrelated to or outside of their official duties.” Bly–Magee v. 28 California, 236 F.3d 1014, 1018 (9th Cir. 2001).
- Isaac, No. 6:25-cv-01159 (D. Or. Nov. 26, 2025).“absolutely immune for conduct during performance of official duties”
- Isaac v. Manning, No. 6:25-cv-01159 (D. Or. Sept. 2, 2025).“absolutely immune for conduct during performance of official duties”
Show 113 more citing cases
- Bong v. White, No. 6:25-cv-01245 (D. Or. Aug. 4, 2025). Bly-Magee, 236 F.3d at 1018 (internal citations omitted); see also Read v. Haley, 2013 WL 1562938 , at *9 (“At attorney in the Attorney General’s Office is immune from lawsuits for any action he commits while discharging his official litig…
- United States v. United Healthcare Ins. Co, No. 13-56746 (9th Cir. Dec. 16, 2016).published
- United States v. United Healthcare Ins. Co., 848 F.3d 1161 (9th Cir. 2016).published
- United States ex rel. Willard v. Humana Health Plan of Texas Inc., 336 F.3d 375 (5th Cir. 2003).published
- United States ex rel. Sikkenga v. Regence Bluecross Blueshield, 472 F.3d 702 (10th Cir. 2006).published
- United States ex rel. Totten v. Bombardier Corp., 286 F.3d 542 (D.C. Cir. 2002).published
- United States ex rel. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220 (1st Cir. 2004).published
- Cafasso v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047 (9th Cir. 2011).published
- United States v. Corinthian Colleges, 655 F.3d 984 (9th Cir. 2011).published
- United States, Exrel., Insoon Lee v. Smithkline Beecham, Inc. Smithkline Beecham Clinical Labs. Does 1-100, 245 F.3d 1048 (9th Cir. 2001).published
- United States ex rel. Kinney v. Stoltz, 327 F.3d 671 (8th Cir. 2003).published
- Richard M. Yuhasz v. Brush Wellman, Inc., 341 F.3d 559 (6th Cir. 2003).published
- United States ex rel. Bledsoe v. Cmty. Health Sys., Inc., 342 F.3d 634 (6th Cir. 2003).published
- Verizon Delaware, Inc. Verizon New England, Inc. Verizon Maryland, Inc. Verizon New Jersey, Inc. Verizon New York, Inc. Verizon Pennsylvania, Inc. Verizon Washington, D.C., Inc. v. Covad Commc'ns Co. Dieca Commc'ns, Inc., Verizon Delaware, Inc. Verizon New England, Inc. Verizon Maryland, Inc. Verizon New Jersey, Inc. Verizon New York, Inc. Verizon Pennsylvania, Inc. Verizon Washington, D.C., Inc. v. Covad Commc'ns Co. Dieca Commc'ns, Inc., 377 F.3d 1081 (9th Cir. 2004).published
- Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097 (9th Cir. 2008).published
- Boone v. Mountainmade Found., 684 F. Supp. 2d 1 (D.D.C. 2010).published
- Yoonessi v. Albany Med. Ctr., 352 F. Supp. 2d 1096 (C.D. Cal. 2005).published
- Neilson v. Union Bank of California, N.A., 290 F. Supp. 2d 1101 (C.D. Cal. 2003).published
- United States ex rel. Serrano v. Oaks Diagnostics, Inc., 568 F. Supp. 2d 1136 (C.D. Cal. 2008).published
- Hearn v. R.J. Reynolds Tobacco Co., 279 F. Supp. 2d 1096 (D. Ariz. 2003).published
- United States ex rel. McCarthy v. Straub Clinic & Hosp., Inc., 140 F. Supp. 2d 1062 (D. Haw. 2001).published
- United States ex rel. Totten v. Bombardier Corp., 139 F. Supp. 2d 50 (D.D.C. 2001).published
- United States ex rel. Gagne v. City of Worcester, 564 F. Supp. 2d 81 (D. Mass. 2008).published
- Arnold & Assocs., Inc. v. Misys Healthcare Sys., 275 F. Supp. 2d 1013 (D. Ariz. 2003).published
- US ex rel. SCHUHARDT v. Washington Univ., 361 F. Supp. 2d 992 (E.D. Mo. 2003).published
- 625 3rd Street Assocs., L.P. v. Alliant Credit Union, 633 F. Supp. 2d 1040 (N.D. Cal. 2009).published
- In re SeeBeyond Tech. Corp. Sec. Litig., 266 F. Supp. 2d 1150 (C.D. Cal. 2003).published
- Harold Hunter v. Kamala Harris, 667 F. App'x 269 (9th Cir. 2016).unpublished
- Bibiji Kaur Puri v. Sopurkh Kaur Khalsa, 674 F. App'x 679 (9th Cir. 2017).unpublished
- U.S. ex rel. Anita Silingo v. Wellpoint, Inc., 895 F.3d 619 (9th Cir. 2018).published
- U.S. ex rel. Anita Silingo v. Wellpoint, Inc., No. 16-56400 (9th Cir. Sept. 11, 2018).published
- Adams v. Dell Comput. Corp., No. 2015-0608 (D.D.C. Oct. 8, 2020).published
- John Benavidez v. Cnty. of San Diego, 993 F.3d 1134 (9th Cir. 2021).published
- State ex rel. McCann v. Bank of Am., N.A., 191 Cal. App. 4th 897 (Cal. Ct. App. 2011).published
- Yamauchi v. Cotterman, 84 F. Supp. 3d 993 (N.D. Cal. 2015).published
- United States ex rel. McGrath v. Microsemi Corp., 140 F. Supp. 3d 885 (D. Ariz. 2015).published
- Verizon Delaware, Inc. v. Covad Commc'ns Co., 377 F.3d 1081 (9th Cir. 2004).published
- United States ex rel. Honeywell, Inc. v. San Francisco Hous. Auth., 83 F. App'x 181 (9th Cir. 2003).unpublished
- United States v. Premo, 333 F. App'x 169 (9th Cir. 2009).unpublished
- Bly-Magee v. United States, 214 F. App'x 642 (9th Cir. 2006).unpublished
- United States ex rel. Bott v. Silicon Valley Colleges, 262 F. App'x 810 (9th Cir. 2008).unpublished
- United States ex rel. Jajdelski v. Kaplan, Inc., 834 F. Supp. 2d 1182 (D. Nev. 2011).published
- Parino v. Bidrack, Inc., 838 F. Supp. 2d 900 (N.D. Cal. 2011).published
- Pfau v. Mortenson, 858 F. Supp. 2d 1150 (D. Mont. 2012).published
- In re Cardiac Devices Qui Tam Litig., 221 F.R.D. 318 (D. Conn. 2004).published
- Petersen v. Allstate Indem. Co., 281 F.R.D. 413 (C.D. Cal. 2012).published
- United States ex rel. Silingo v. Wellpoint, Inc., 904 F.3d 667 (9th Cir. 2018).published
- Regie Salgado v. Truconnect, No. 22-55721 (9th Cir. Dec. 22, 2023).unpublished
- Damon Witherbee v. Dan Dow, No. 2:22-cv-02027 (C.D. Cal. Aug. 9, 2022).
- Rickey Louis Alford v. Kenneth C. Byrne, No. 2:22-cv-05465 (C.D. Cal. Oct. 31, 2022).
- (PS) Rhee v. Alvarez, No. 2:18-cv-00105 (E.D. Cal. Aug. 27, 2019).
- (PS) Ryse v. Friend, No. 2:18-cv-02600 (E.D. Cal. Oct. 1, 2019).
- Arnold v. Loancare, LLC, No. 1:20-cv-00189 (E.D. Cal. Apr. 7, 2020).
- Reilly v. Adventist Health, No. 1:17-cv-00613 (E.D. Cal. May 18, 2020).
- (PS) CSPC Dophen Corp. v. Hu, No. 2:17-cv-01895 (E.D. Cal. July 20, 2020).
- (PC) Hearns v. Whisnand, No. 1:20-cv-00313 (E.D. Cal. Oct. 30, 2020).
- (PC) Calderon v. Bonta, No. 2:23-cv-01064 (E.D. Cal. June 29, 2023).
- (PS) Layton v. Webull Fin. LLC, No. 2:22-cv-01810 (E.D. Cal. June 30, 2023).
- (PC) Calderon v. Bonta, No. 2:23-cv-01064 (E.D. Cal. Aug. 3, 2023).
- (PS) Liam Meyer Irrevocable Trust v. Chan, No. 2:23-cv-01472 (E.D. Cal. Feb. 12, 2024).
- Ahern v. Apple Inc., 411 F. Supp. 3d 541 (N.D. Cal. 2019).published
- Factory Direct Wholesale, LLC v. iTouchless Housewares & Prods., Inc., No. 5:19-cv-01228 (N.D. Cal. Oct. 23, 2019).
- Tabler v. Panera LLC, No. 5:19-cv-01646, 2019 WL 5579529 (N.D. Cal. Oct. 29, 2019).
- Cervantes v. Burciaga, No. 1:19-cv-06318 (N.D. Cal. Nov. 13, 2019).
- Bales v. FCA US LLC, No. 4:19-cv-04798 (N.D. Cal. Nov. 19, 2019).
- Bales v. FCA US LLC, No. 4:19-cv-04798 (N.D. Cal. Nov. 20, 2019).
- Bales v. FCA US LLC, No. 4:19-cv-04798 (N.D. Cal. Nov. 21, 2019).
- Radware, Inc. v. U.S. Telepacific Corp., No. 5:19-cv-03835 (N.D. Cal. Feb. 20, 2020).
- Williams v. Apple, Inc., 449 F. Supp. 3d 892 (N.D. Cal. 2020).published
- United States v. Crescendo Bioscience, Inc., No. 3:16-cv-02043 (N.D. Cal. May 23, 2020).
- Tabler v. Panera LLC, No. 5:19-cv-01646 (N.D. Cal. June 17, 2020).
- Tabler v. Panera LLC, No. 5:19-cv-01646 (N.D. Cal. June 30, 2020).
- Chiprez v. Adame, No. 4:20-cv-00307 (N.D. Cal. July 27, 2020).
- United States v. Sutter Health, No. 5:18-cv-02067 (N.D. Cal. Nov. 6, 2020).
- dotStrategy Co. v. Facebook Inc, No. 3:20-cv-00170 (N.D. Cal. Nov. 11, 2020).
- Lona's Lil Eats, LLC v. DoorDash, Inc., No. 3:20-cv-06703, 2021 WL 151978 (N.D. Cal. Jan. 18, 2021).
- Chevron Prods. Co. v. Advanced Corrosion Tech. & Training, LLC, No. 3:20-cv-09095 (N.D. Cal. May 27, 2021).
- In re LinkedIn Advert. Metrics Litig., No. 5:20-cv-08324 (N.D. Cal. Aug. 3, 2021).
- United States v. Sutter Health, No. 5:18-cv-02067 (N.D. Cal. Aug. 18, 2021).
- Reg'l Med. Ctr. of San Jose v. WH Administrators, Inc, No. 5:17-cv-03357 (N.D. Cal. Sept. 30, 2021).
- Sec. & Exch. Comm'n v. Richman, No. 3:21-cv-01911 (N.D. Cal. Nov. 3, 2021).
- D'Antonio v. Monterey Bay Military Hous., LLC, No. 4:21-cv-02607, 2021 WL 5771139 (N.D. Cal. Dec. 6, 2021).
- In re LinkedIn Advert. Metrics Litig., No. 5:20-cv-08324 (N.D. Cal. Dec. 27, 2021).
- Johnson-Jack v. Health-Ade LLC, 587 F. Supp. 3d 957 (N.D. Cal. 2022).published
- Osinek v. Kaiser Permanente, No. 3:13-cv-03891 (N.D. Cal. Nov. 14, 2022).
- United States v. 1850 Bryant Land LLC, No. 3:21-cv-05742 (N.D. Cal. Jan. 9, 2023).
- Chung v. Eargo, Inc., No. 3:21-cv-08597 (N.D. Cal. Feb. 14, 2023).
- Thompson v. Carmax, No. 3:23-cv-01364 (N.D. Cal. Apr. 13, 2023).
- Zero Motorcycles, Inc. v. Zero Labs Grp., LLC, No. 5:22-cv-04034 (N.D. Cal. May 3, 2023).
- In re Astra Space Inc. f/k/a Holicity Inc. Sec. Litig., No. 3:22-cv-08875 (N.D. Cal. Aug. 2, 2023).
- Force MOS Tech. Co. v. Lin, No. 5:22-cv-08938 (N.D. Cal. Aug. 31, 2023).
- Dawes v. People of the State of California, No. 3:24-cv-00401 (S.D. Cal. May 20, 2024).
- United States v. Lucky Dragon Dev. Co., LTD, No. 1:09-cv-00022 (D. Guam Dec. 11, 2009).
- Pacmar Tech. LLC v. Kao, No. 1:22-cv-00283 (D. Haw. Dec. 29, 2023).
- H&H Pharm., LLC v. Chattem Chemicals, Inc., No. 2:16-cv-02148 (D. Nev. Jan. 23, 2020).
- Baker v. State of Nevada Off. of the Attorney Gen., No. 2:22-cv-01172 (D. Nev. Sept. 6, 2022).
- Warenback v. 8th Jud. Dist. Court, No. 2:22-cv-01342 (D. Nev. Mar. 24, 2023).
- Meyer v. Sugahara, 466 P.3d 90 (Or. Ct. App. 2020).published
- (PC) Singh v. Blizzard, No. 2:23-cv-00024 (E.D. Cal. May 31, 2024).
- (PS) Rile v. Land Home Fin. Servs. Inc, No. 2:24-cv-00184 (E.D. Cal. June 7, 2024).
- Dawes v. People of the State of California, No. 3:24-cv-00401 (S.D. Cal. June 6, 2024).
- Markowitz v. USA, No. 3:24-cv-01053 (S.D. Cal. July 10, 2024).
- Woods v. Am. Fed'n of State, No. 2:23-cv-01934 (D. Nev. Sept. 29, 2024).
- Kohli v. Dayal, No. 2:20-cv-00538 (D. Nev. Oct. 17, 2024).
- Binder v. Sycamore Partners Mgmt., L.P., No. 1:23-cv-03939 (S.D.N.Y. June 11, 2024).
- United States v. Boeing Co., No. 2:19-cv-00600 (W.D. Wash. Sept. 29, 2023).
- Siegel v. Novo Nordisk Inc, No. 3:23-cv-05459 (W.D. Wash. July 30, 2024).
- Harrison v. Potts, No. 6:24-cv-01133 (D. Or. Nov. 19, 2024).
- (PS) Rile v. Land Home Fin. Servs. Inc, No. 2:24-cv-00184 (E.D. Cal. Nov. 18, 2024).
- (PS) Adams v. Bonta, No. 2:24-cv-03300 (E.D. Cal. Jan. 29, 2025).
- Garland v. Kroger Co., No. 3:24-cv-00240 (S.D. Cal. Feb. 12, 2025).
- LeDoux v. Outliers Inc, No. 3:24-cv-05808 (W.D. Wash. Feb. 18, 2025).
- In re Palo Alto Networks, Inc. Sec. Litig., No. 3:24-cv-01156 (N.D. Cal. Apr. 11, 2025).
At page 1017 Analyzing failure to state a claim under FCA25 citing casesacknowledging that qui tam claims under the False Claims Act fail as to the state and its agencies in light of Stevens , but analyzing claims against individual state officials in terms of immunity
- Donald Wagda v. At&t Corp., No. 22-16173 (9th Cir. Apr. 12, 2024).unpublished([S]tates . . . enjoy sovereign immunity from liability under the FCA.)
- Donald Wagda v. Bank of Am., N.A., No. 22-16846 (9th Cir. Apr. 12, 2024).unpublished([S]tates . . . enjoy sovereign immunity from liability under the FCA.)
- John Hendrix v. J-M Mfg. Co., 76 F.4th 1164 (9th Cir. 2023).published([A] qui tam plaintiff need not prove that the federal government will suffer monetary harm to state a claim under the FCA.)
- United States ex rel. Rosales v. San Francisco Hous. Auth., 173 F. Supp. 2d 987 (N.D. Cal. 2001).published (a qui tam plaintiff need not prove that the federal government will suffer monetary harm to state a claim under the FCA.)
- United States v. State Of Iowa, 269 F.3d 932 (1st Cir. 2001).published
- USA v. Gary Gesaman, No. 00-3899 (8th Cir. Oct. 19, 2001).published
- United States ex rel. Gaudineer & Comito, L.L.P. v. Iowa, 269 F.3d 932 (8th Cir. 2001).published
- United Nat'l Ins. Co., a Pennsylvania Corp., & Travelers Cas. & Sur. Co., Formerly Known as Aetna Cas. & Sur. Co. v. R&d Latex Corp., a Georgia Corp. Royalty Carpet Mills, Inc., a California Corp., & Mydrin, Inc., for Itself & as Successor in Interest to R&d Latex Corp., Mydrin, Inc., for Itself & as Successor in Interest to R&d Latex Corp., Plaintiff-Counter v. Travelers Cas. & Sur. Co., Formerly Known as Aetna Cas. & Sur. Co., Defendant-Counter-Claimant-Appellant, & William C. Morison-Knox & Michael D. Prough, 242 F.3d 1102 (9th Cir. 2001).published
- Nelson v. Heiss, 271 F.3d 891 (9th Cir. 2001).published
- United States ex rel. A. Amir Ali v. Daniel, Mann, Johnson & Mendenhall, 355 F.3d 1140 (9th Cir. 2004).published
Show 10 more citing cases
- Stoner v. Santa Clara Cnty. Off. of Educ., 502 F.3d 1116 (9th Cir. 2007).published
- United States ex rel. Campbell v. Lockheed Martin Corp., 282 F. Supp. 2d 1324 (M.D. Fla. 2003).published
- Rhonda Lane v. Texas Dep't of Health, No. 03-02-00578-CV (Tex. App.—Austin July 30, 2003).published
- United States v. United Healthcare Ins. Co, 832 F.3d 1084 (9th Cir. 2016).published
- United States v. United Healthcare Ins. Co, No. 13-56746 (9th Cir. Dec. 16, 2016).published
- United Nat'l Ins. v. R&D Latex Corp., 242 F.3d 1102 (9th Cir. 2001).published
- Carlson v. Pannkuk, 22 F. App'x 931 (9th Cir. 2002).unpublished
- United States v. United Healthcare Ins. Co., 848 F.3d 1161 (9th Cir. 2016).published
- Wagda v. AT&T Corp., No. 2:19-cv-01057 (E.D. Cal. July 1, 2022).
- Wagda v. Bank of Am., No. 2:19-cv-01064 (E.D. Cal. Oct. 31, 2022).
At page 1016 Determining scope of official duties for immunity7 citing cases
- Bong v. White, No. 6:25-cv-01245 (D. Or. Aug. 4, 2025). Bly-Magee, 236 F.3d at 1018 (internal citations omitted); see also Read v. Haley, 2013 WL 1562938 , at *9 (“At attorney in the Attorney General’s Office is immune from lawsuits for any action he commits while discharging his official litig…
- United States v. State Of Iowa, 269 F.3d 932 (1st Cir. 2001).published
- United States ex rel. Hixson v. Health Mgmt. Sys., Inc., 657 F. Supp. 2d 1039 (S.D. Iowa 2009).published
- United States ex rel. Burlbaw v. Regents of the New Mexico State Univ., 324 F. Supp. 2d 1209 (D.N.M. 2004).published
- USA v. Gary Gesaman, No. 00-3899 (8th Cir. Oct. 19, 2001).published
- United States ex rel. Gaudineer & Comito, L.L.P. v. Iowa, 269 F.3d 932 (8th Cir. 2001).published
- (PC) Brown v. Gutierrez, No. 2:21-cv-00655 (E.D. Cal. May 27, 2021).
At page 1014 Affirming dismissal and allowing amendment of qui tam claims1 citing case“any actions that are wholly unrelated to or outside of their official duties.”
- Frye v. Ass'n of State & Provincial Psychology Boards, No. 1:25-cv-00236 (E.D. Cal. Aug. 1, 2025). Cal. July 30, 5 2007); Bly–Magee, 236 F.3d at 1019; Cato, 70 F.3d at 1106 ; Hartmann, 707 F.3d at 1130 . 6 b.
At page 1125 cited at this page1 citing case
- Brinskele, No. 3:25-cv-05934 (N.D. Cal. Dec. 8, 2025). Id. at 1125.
v.
State of CALIFORNIA California Department of Rehabilitation Attorney General of the State of California Daniel E. Lungren, Attorney General
Charlotte Bly-Magee (“Bly-Magee”) appeals a judgment and order dismissing the qui tam action that she brought under the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733, against the State of California, the California Department of Rehabilitation (“CDR”), the Office of the Attorney General (“OAG”), former Attorney General Daniel Lungren (“Lungren”), and various Doe defendants. We affirm the dismissal with prejudice of Bly-Magee’s claims against the State of California, the CDR, and the OAG. We also affirm the dismissal with prejudice of Bly-Magee’s claims against Lungren and the Doe defendants to the extent such claims involved conduct related to litigation duties. However, we reverse the district court’s decision to dismiss with prejudice Bly-Magee’s claims against Lungren and the Doe defendants insofar as Bly-Magee alleged conduct by these defendants that was wholly unrelated to or outside of their official duties. We conclude that Bly-Magee should have been granted leave to amend her complaint to allege such conduct in accordance with Federal Rule of Civil Procedure 9(b).
We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.
FACTS AND PROCEDURAL HISTORY
Bly-Magee, a former employee and executive director of Southern California Rehabilitation Services, Inc.,[1] filed her first qui tam action in 1992 against the State of California, the CDR, and seven individuals. Bly-Magee sought to recover allegedly misappropriated federal funds made available to the State of California for vocational rehabilitation services.
As required under the FCA, Bly-Magee served her complaint on the United States. After the United States chose not to intervene, Bly-Magee continued to pursue her[*1017] action under § 3730(c)(8) of the FCA. At a hearing on February 6, 1995, the district court granted summary judgment for defendants on the ground that Bly-Magee failed to establish that the federal government had been injured by defendants’ alleged conduct. Bly-Magee did not appeal.
In a complaint filed June 3, 1997, Bly-Magee sought to reinstate her 1992 action, again naming the State of California and the CDR as defendants. Bly-Magee also sued the OAG, Lungren, and Does 1-100 alleging - fraud on the court during the litigation of the 1992 lawsuit and further alleging that these new defendants had conspired with the CDR to defraud the United States and then had concealed this fraud. Again, the government did not intervene, and Bly-Magee pursued her new action under § 3730(c)(3) of the FCA.
After the district court dismissed this new lawsuit with leave to amend, Bly-Magee filed a first amended complaint. On August 13, 1998, the district court dismissed Bly-Magee’s first amended complaint with prejudice for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). This appeal follows.
DISCUSSION
We review de novo a dismissal for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Monterey Plaza Hotel, Ltd. v. Local 483, 215 F.3d 923, 926 (9th Cir.2000). Denial of leave to amend is reviewed for abuse of discretion. Simon v. Value Behavioral Health, Inc., 208 F.3d 1073, 1084 (9th Cir.2000).
A
In ruling on the defendants’ motion to dismiss, the district court first determined that, under the Rehabilitation Act, funds allotted to but not used by one state are given to another state. Relying on the Seventh Circuit’s decision in United States v. Azzarelli Construction Co., 647 F.2d 757 (7th Cir.1981), the court then concluded that because the allegedly misappropriated funds would “never revert to the federal treasury,” Bly-Magee could not allege injury to the federal government and thus could not state a claim upon which relief could be granted. We disagree.
If Bly-Magee proved her claim of theft, the resulting damages initially would go to the federal government even if the federal government would then be obligated to reallocate these funds to another state. We conclude that even if the government ultimately reallocates recovered funds, a qui tam plaintiff need not prove that the federal government will suffer monetary harm to state a claim under the FCA. See In re Schimmels, 85 F.3d 416, 419 n. 1 (9th Cir.1996) (“[T]he False Claims Act requires a court to award not less than $5,000 and not more than $10,000 for each false claim or statement submitted to the government', even if no damages were caused by the false submissions.”); United States ex rel. Hagood v. Sonoma County Water Agency, 929 F.2d 1416, 1421 (9th Cir.1991) (“No damages need be shown to recover the penalty” under the False Claims Act). We also hold that Bly-Magee alleged sufficient injury to satisfy Article III.[2]
B
However, Bly-Magee’s claims fail, in large part, for other reasons. First, states and state agencies enjoy sovereign immunity from liability under the FCA. Vermont Agency of Natural Resources v. United States ex rel. Stevens, 529 U.S. 1858, 1871, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000). Bly-Magee’s claims against the State of California, the CDR, the OAG, and any state agency that Bly-Magee might sue as a Doe defendant are necessarily barred by Vermont.[3]
[*1018] C
Second, Bly-Magee may not assert claims against Lungren or any OAG attorneys sued as Doe defendants for conduct related to litigation • duties including the defense of Bly-Magee’s prior lawsuit and the defense of this lawsuit. If sued in an official capacity, Lungren and any OAG attorneys sued as Doe defendants have absolute official immunity. Pena v. Gardner, 976 F.2d 469, 473 (9th Cir.1992). If sued in an individual capacity, Lungren and any OAG attorneys are similarly absolutely immune for conduct during performance of official duties. Fry v. Melaragno, 939 F.2d 832, 836-37 (9th Cir.1991). In either case, Bly-Magee cannot state a claim against Lungren and any other OAG attorneys for official conduct, and dismissal with prejudice of all such claims is affirmed.
D
However, Lungren and other OAG attorneys are not immune for any actions that are wholly unrelated to or outside of their official duties. Although Bly-Magee attempted to assert such claims, her allegations were not pled with sufficient particularity.
In most cases, the Federal Rules of Civil Procedure require only that pleadings contain a short and plain statement of the claim. Fed.R.Civ.P. 8. Federal Rule of Civil Procedure 9(b), however, requires that “[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.” Fed.R.Civ.P. 9(b). Rule 9(b) serves not only to give notice to defendants of the specific fraudulent conduct against which they must defend, but also “to deter the filing of complaints as a pretext for the discovery of unknown wrongs, to protect [defendants] from the harm that comes from being subject to fraud .charges, and to prohibit plaintiffs from unilaterally imposing upon the court, the parties and society enormous social and economic costs absent some factual basis.” In re Stac Elec. Sec. Litig., 89 F.3d 1399, 1405 (9th Cir.1996); see also Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644, 658 (3d Cir.1998) (“The purpose of Rule 9(b) is to provide notice of the ‘precise misconduct’ with which defendants are charged and to prevent false or unsubstantiated charges.”); IUE AFL-CIO Pension Fund v. Herrmann, 9 F.3d 1049, 1057 (2d Cir.1993) (Rule 9(b)’s heightened pleading requirement alerts defendants to specific facts upon which a fraud claim is based and safeguards a “defendant’s reputation and goodwill from improvident charges of wrongdoing”).
The FCA is an anti-fraud statute. See 31 U.S.C. § 3729(a) (using language such as “false or fraudulent,” “conspires to defraud,” and “intending to defraud”); see also United States v. Neifert-White Co., 390 U.S. 228, 233, 88 S.Ct. 959, 19 L.Ed.2d 1061 (1968) (the FCA “protects] the funds and property of the Government from fraudulent claims”) (internal quotation marks omitted). As such, we hold that complaints brought under the FCA must fulfill the requirements of Rule 9(b) — defendants accused of defrauding the federal government have the same protections as defendants sued for fraud in other contexts. Other circuits to consider this issue have reached the same conclusion. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp., 125 F.3d 899, 903 (5th Cir.1997); Gold v. Morrison-Knudsen Co., 68 F.3d 1475, 1476 (2d Cir.1995); United States ex rel. Cooper v. Blue Cross & Blue Shield of Florida, Inc., 19 F.3d 562, 568 (11th Cir.1994).
Bly-Magee’s first amended com,plaint does not satisfy Rule 9(b). Bly-Magee alleged that “Lungren concealed the fraudulent submission of false claims ... to avoid repayment of funds to the United States” and that Lungren conspired with the CDR and the OAG to “defraud the United States by obtaining payment of fraudulent claims.” These broad allegations included no particularized supporting detail.
[*1019] To comply with Rule 9(b), allegations of fraud must be “specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong.” Neubronner v. Milken, 6 F.3d 666, 672 (9th Cir.1993) (internal quotation marks omitted). Such a requirement is wholly consistent with the purpose of the FCA. See Wang v. FMC Corp., 975 F.2d 1412, 1419 (9th Cir.1992). In Wang, we observed that “[q]ui tam suits are meant to encourage insiders privy to a fraud on the government to blow the whistle on the crime.” Id. (emphasis added). Because “insiders privy to a fraud on the government” should have adequate knowledge of the wrongdoing at issue, such insiders should be able to comply with Rule 9(b).
In any event, the complete absence of particularity in Bly-Magee’s first amended complaint fails to satisfy Rule 9(b). Moore v. Kayport Package Express, Inc., 885 F.2d 531, 540 (9th Cir.1989) (“[M]ere con-clusory allegations of fraud are insufficient.”). We therefore affirm the district court’s dismissal of Bly-Magee’s first amended complaint.
E
Although dismissal of the claims discussed in Section D was correct because Bly-Magee did not comply with Rule 9(b), we must also address whether Bly-Magee should have been granted leave to amend.
We consistently have held that leave to amend should be granted unless the district court “determines that the pleading could not possibly be cured by the allegation of other facts.” Lopez v. Smith, 203 F.3d 1122, 1127 (9th Cir.2000). This approach is required by Federal Rule of Civil Procedure 15(a), which provides that leave to amend should be freely granted “when justice so requires.” See Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (Rule 15(a)’s mandate “is to be heeded”).
At argument before this court, Bly-Magee asserted that Lungren knew about the theft of property purchased with federal funds for the benefit of California’s disabled population, but knowingly covered up this theft to protect family, personal friends and associates. If true,[4] Bly-Ma-gee should have the opportunity to plead such claims with particularity and to pursue them.
Given the totality, of the circumstances, we hold that Bly-Magee shall be permitted to amend her current complaint to assert claims against Lungren and other OAG attorneys for conduct that is outside the proper scope of official duties such as a cover-up of theft of federal funds to protect family, personal friends and associates. • As held above, such claims must be pled with particularity.
We AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this disposition.
According to Bly-Magee, Southern California Rehabilitation Services, Inc. ("SCRS”) is a non-profit agency that provides comprehensive independent living services to severely disabled and frail elderly persons. SCRS receives federal funds administered by the State of California through the CDR.
Because the district court incorrectly determined that Bly-Magee had not alleged sufficient injury to the federal government, it did not address whether defendants were immune from Bly-Magee’s suit.
We note that at the time of the district court’s decision Vennont had not been decided.
We express no opinion as to whether any facts exist to support Bly-Magee’s contentions.