Section 12654 Of Article 9. False Claims Actions From California Government Code >> Division 3. >> Title 2. >> Part 2. >> Chapter 6. >> Article 9.
12654
. (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.