U.S. Bank, N.A. v. Superior Court for the City and County of San Francisco; JP Morgan Chase Bank, N.A. v. Superior Court of California, City & County of San Francisco

Case Updates

The California Court of Appeals held that a that private party may pursue California False Claims Act lawsuit predicated on alleged failure to report and deliver unclaimed property, even though State Controller provided defendant with no notice of alleged violation

The coalition amicus brief argues that the UPL, the state FCA, and due process principles each require the conclusion that a private party may not pursue a California FCA lawsuit for an alleged UPL violation unless the State Controller provided the defendant with notice of the alleged violation and the chance to correct any errors.

Steven A. Engel and Joshua D. N. Hess of Dechert LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The California Court of Appeal consolidated the writ petitions and ordered the respondent Superior Court to show cause why relief requested in petitions should not be granted.

In this case, the trial court departed from Court of Appeal case law construing the California False Claims Act. Under that case law, a private party may not pursue a state FCA lawsuit for an alleged violation of the state’s unclaimed property law unless the California State Controller provided the defendant with notice of the alleged violation and the chance to correct any errors.

Click here and here to view the U.S. Chamber’s coalition amicus letters. Steven A. Engel and Joshua D. N. Hess of Dechert LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.