Q: 3 year statute of limitations for California or Federal FCA qui tam case. Please provide deadline statutes, regulations

A: In California, the statute of limitations for a False Claims Act (FCA) qui tam case is indeed nuanced, especially when the government chooses not to intervene. Generally, the statute of limitations under the FCA is six years from the date the fraud was committed. However, under the federal FCA, an action can also be filed three years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed, whichever occurs last.

If the government decides not to intervene, the relator (or whistleblower) may continue with the lawsuit on their own. The calculation of the deadline in this scenario still adheres to the general statute of limitations principles under the FCA. It doesn't typically hinge on the 60-day period that the government takes to make its intervention decision.

Therefore, the three-year period you're referring to is likely based on the federal FCA provision that allows filing within three years of when the fraud is discovered or should have been discovered by the relevant federal official, subject to the ten-year absolute limit.

It's critical to refer directly to the specific language of the Federal False Claims Act (31 U.S.C. §§ 3729 - 3733) and the California False Claims Act (Gov. Code §§ 12650-12656) for precise guidance and to consult the latest case law, as interpretations can evolve.