District Court, E.D. California April 9, 2002, No. CIV-S-00-678 DFL/GGH (Horizon West Inc. v. St. Paul Fire & Marine Insurance)

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

Several retirement homes (collectively “Horizon West”) sued St. Paul Fire and Marine Insurance Co. (“St.Paul”) for failing to defend Horizon West in a suit brought under the False Claims Act (“FCA”). St. Paul moves to dismiss the suit.

*1076I.

The facts of this case are largely undisputed.