Marriage of Biddle
California Court of Appeal
60 Cal. Rptr. 2d 569 (1997)
- Written by Tammy Boggs, JD
Facts
Paul Biddle (defendant) and Vivian Biddle (plaintiff) married. Paul worked for the United States government as a contract administrator at Stanford University. Paul became aware of certain improper billing practices at Stanford that were potentially costing the government millions of dollars. During his marriage to Vivian, in 1991, Paul filed a qui tam action on behalf of the United States. The relevant qui tam statute authorized a plaintiff to file suit on behalf of the United States to recover civil penalties for false claims of payment if the United States declined to assume control of the litigation. The United States declined to assume control of Paul’s action. The qui tam suit was still in the pleading stage when the Biddles’ marriage dissolved in 1994. In determining the couple’s marital estate, the trial court found that Paul’s qui tam action was not property and thus not a community asset. Vivian appealed, arguing that she had an interest in the contingent right to future income.
Rule of Law
Issue
Holding and Reasoning (Poche, J.)
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