California 2009-2010 Regular Session Status: In Committee

AB 2760 — False Claims Act: prevailing defendant: attorney's fees.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law authorizes the Attorney General, a prosecuting authority of a political subdivision of the state, or a qui tam plaintiff to bring a civil action to enforce these provisions. Existing law authorizes a court to award a prevailing defendant its reasonable attorney's fees and expenses, as prescribed. This bill would require, in a civil action relative to certain claims arising from a public works contract, a court to award a prevailing defendant its reasonable attorney's fees and expenses against the state or a political subdivision that prosecuted the action. This bill would prohibit, except as specified, a court from awarding a prevailing defendant its reasonable attorney's fees and expenses against a qui tam plaintiff who proceeded with an action without the assistance of the Attorney General or local prosecuting authority.

Bill Text

Action History

  1. From committee without further action.

  2. In committee: Set, first hearing. Hearing canceled at the request of author.

  3. Re-referred to Com. on JUD.

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  5. Referred to Com. on JUD.

  6. Read first time.

  7. From printer. May be heard in committee March 23.

  8. Introduced. To print.

Sponsors

  • Tran · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Tran

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance civil-rights labor
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Frequently asked questions

What does AB 2760 do?
Existing law, the False Claims Act, provides that a person who commits any one of several enumerated acts relating to the submission to the state or a political subdivision of the state a false claim for money, property, or services, as specified, shall be liable to the state or political subdivision for certain damages and may be liable for a civil penalty. Existing law authorizes the Attorney General, a prosecuting authority of a political subdivision of the state, or a qui tam plaintiff to bring a civil action to enforce these provisions. Existing law authorizes a court to award a prevailing defendant its reasonable attorney's fees and expenses, as prescribed. This bill would require, in a civil action relative to certain claims arising from a public works contract, a court to award a prevailing defendant its reasonable attorney's fees and expenses against the state or a political subdivision that prosecuted the action. This bill would prohibit, except as specified, a court from awarding a prevailing defendant its reasonable attorney's fees and expenses against a qui tam plaintiff who proceeded with an action without the assistance of the Attorney General or local prosecuting authority.
Who sponsors AB 2760?
AB 2760 is sponsored by Tran.
What is the current status of AB 2760?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2760?
Track AB 2760 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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