§ 12654. — 12654. (Amended by Stats. 2012, Ch. 647, Sec. 6.)

California § 12654.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 2.: PART 2. CONSTITUTIONAL OFFICERS
• Ch. 6.: CHAPTER 6. Attorney General
• Art. 9.: ARTICLE 9. False Claims Actions

Text

(a)
A civil action under Section 12652 shall not be filed more than six years after the date on which the violation of Section 12651 is committed, or more than three years after the date when facts material to the right of action are known or reasonably should have been known by the Attorney General or prosecuting authority with jurisdiction to act under this article, but in no event more than 10 years after the date on which the violation is committed, whichever of the aforementioned occurs last.
(b)
A civil action under Section 12652 may be brought for activity prior to January 1, 1988, if the limitations period set in subdivision (a) has not lapsed.
(c)
In any action brought under Section 12652, the state, the political subdivision, or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(d)
Notwithstanding any other provision of law, a guilty verdict rendered in a criminal proceeding charging false statements or fraud, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, except for a plea of nolo contendere made prior to January 1, 1988, shall estop the defendant from denying the essential elements of the offense in any action which
involves the same transaction as in the criminal proceeding and which is brought under subdivision (a), (b), or (c) of Section 12652.
(e)
Subdivision (b) of Section 47 of the Civil Code shall not be applicable to any claim subject to this article.

Legislative History

Amended by Stats. 2012, Ch. 647, Sec. 6. (AB 2492) Effective January 1, 2013.