WELLS v. ONE2ONE LEARNING FOUNDATION PART - IV 03:07:2007
WELLS v. ONE2ONE LEARNING FOUNDATION
Filed 8/31/06 (this opn. should precede companion case, S131807, also filed 8/31/06)
IN THE SUPREME COURT OF CALIFORNIA
JOEY WELLS, a Minor, etc., et al., )
)
Plaintiffs and Appellants, )
) S123951
v. )
) Ct.App. 3 C042504
ONE2ONE LEARNING FOUNDATION )
et al., )
) Sierra County
Defendants and Respondents; ) Super. Ct. No. S46-CV-5844
)
STATE OF CALIFORNIA, )
)
Real Party in Interest and Respondent. )
_______________________________________ )
Continue from Part III ………
Peter W. also identified other public policy considerations, â€
Description
Public school districts are not "persons" who may be sued under California False Claims Act. Charter schools, and individuals, corporations, entities, or organizations that operate them, are "persons" subject to suit under both CFCA and unfair competition law, and are not exempt from either law merely because such schools are deemed part of the public school system. A CFCA cause of action is not a barred claim for educational malfeasance insofar as it asserts, not simply that defendant's charter schools provided a substandard education, but that they submitted false claims for school funds while failing to furnish any significant educational services, materials, and supplies. A CFCA cause of action is not barred insofar as it alleges that, before 2000, that charter schools violated independent study rules set forth in a 1993 statute, Education Code Sec. 51747.3, because Sec. 51747.3 applied to charter schools even before its amendment in 1999. A qui tam action under CFCA against a charter school operator is not subject to Tort Claims Act requirement of prior presentment of a claim for payment.
