Case Name: People ex rel. Zurich American v. Emphacare Home Care, et al.

Case No.: BC612332

Matter: Plaintiff’s Motion for Attorney Fees & Costs

Tentative Ruling: Motion is granted.

People of the State of California ex rel. Zurich American Insurance Company filed this qui tam action against Emphacare Home Care Agency LLC, Borlie S. Wong, and other defendants. On 1/10/2018 the court entered judgment in favor of Plaintiff and against defendants Emphacare Home Care Agency LLC and Borlie S. Wong, jointly and severally, for the total sum of $2,565,190.00 in civil penalties under Ins. Code § 1871.7(b), and $2,555,190.00 in assessments under Ins. Code § 1871.7(b).

Plaintiff now moves for attorney fees and costs. The motion is made under Ins. Code § 1871.7(g)(2)(A), which states that the prevailing plaintiff in an action for workers’ compensation insurance fraud “shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable at