The State Doesn’t Arbitrate

Cal. ex rel. Aetna Health of Cal., Inc. v. Pain Mgm’t Specialist Med. Grp., No. B299025 (D2d6 Dec. 21, 2020)

I’ve written probably fifty posts on cases that explain that PAGA claims can’t be compelled to arbitration because, as quasi-qui tam proceedings, the real plaintiff is a state agency that never consented to arbitrate. Well, what’s true of quasi-qui tam cases is equally true of actual qui tam cases. In a False Claims Act case, the real plaintiff is the state, even if the AG has not decided to take over the litigation. So FCA claims aren’t arbitrable even if the relator and the defendant are parties to an agreement to arbitrate.

Affirmed.