A California False Claims Act (CFCA) case filed against Office Depot will go forward, at least as to claims asserted by several public entities that intervened in the original lawsuit filed by a former employee. A full description of the claims asserted against Office Depot is available here.
Office Depot had moved to dismiss the relator’s and intervenors’ claims back in February, but the court never heard the motion and ordered the parties to try to resolve any disputed issues. On May 23, 2013, Office Depot answered the Intervenors’ complaints in intervention. However, Office Depot renewed its motion to dismiss the relator’s claims and set that motion for hearing on June 27, 2013. Office Depot urges the court to dismiss the relator’s complaint on two separate grounds. First, the relator’s claim is barred because he already brought and lost the same claim in a lawsuit that he filed in Florida in 2008. Second, the relator did not allege facts sufficient to establish a CFCA claim or allege his claim with sufficient particularity.