Qui Tam Action For Insurance Fraud Not Subject To Motion To Strike Under Anti-Slapp Statute.

An employee of a biotechnology company signed an agreement with his employer which provided that any invention conceived by him while at the company belonged to the company. While employed there, he invented a unique biotechnology process and started his own business to make a profit from his invention. The former employer and former employee became involved with litigation, and the former employee and his new company made a claim against their insurer. An employee of the new company brought a separate action on behalf of the public alleging the former employee and his new company engaged in insurance fraud. The trial court granted a special motion to strike under the anti-SLAPP statute [CCP §425.16.]. The appellate court reversed, finding a qui tam action brought on behalf of the general public under Insurance Code §1871.7 falls within the public interest exception of CCP §427.17 (b). The People ex rel. Michael Strathmann v. Acacia Research Corporation   (Cal. App. Fourth Dist., Div. 3; October 24, 2012) 210 Cal.App.4th 487.