Because no statute, regulation or contract provision required defendant to use a progress charting tool known as an earned value management system, defendant did not violate the False Claims Act, as plaintiff alleged, by an implied false certification that it used that tool. The trial court properly granted the defendant summary judgment in this False Claims Act case brought on an implied false certification theory. No statute, regulation or contract required the defendant use a progress charting tool known as an earned value management system or that the system meet industry standards for such a system. Also, the evidence showed that the contracting government entities were aware that defendant did not use such a system and paid anyway, showing that the supposed false certification was not of a fact that was material to payment.
Ninth Circuit Court of Appeals (Tallman, J.); January 12, 2017; 2017 WL 117154