This case was last updated from San Francisco County Superior Courts on 04/11/2016 at 21:30:12 (UTC).

STATE OF CA, COUNTY OF LA, REGENTS OF THE UNIV OF CA, et al VS BP AMERICA PRODUCTION COMPANY, et al (Defts 170.6)

Case Summary

On 07/03/2012 STATE OF CA, COUNTY OF LA, REGENTS OF THE UNIV OF CA filed a Property - Other Property Fraud lawsuit against BP AMERICA PRODUCTION COMPANY, Defts 170 6. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2063

  • Filing Date:

    07/03/2012

  • Case Status:

    Not Classified By Court

  • Case Type:

    Property - Other Property Fraud

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiffs and Defendants

UNDER SEAL

BP ENERGY COMPANY A DELAWARE CORPORATION

REGENTS OF THE UNIVERSITY OF CALIFORNIA

COUNTY OF LOS ANGELES

ROES 1-200

COUNTY OF ORANGE

BOARD OF TRUSTEED OF THE CALIFORNIA STATE UNIVERSITY

SCHROEN, CHRISTOPHER J

Defendants

[UNDER SEAL]

BP ENERGY COMPANY A DELAWARE CORPORATION

BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION

BP PRODUCTS NORTH AMERICA INC.

Intervenor Defendants

BP PLC A UK CORPORATION

DOES 1 THROUGH 20, INCLUSIVE

BP PRODUCTS NORTH AMERICA, INC. A MARYLAND CORPORATION

DOES 1-20

Intervenors

THE PEOPLE OF THE STATE OF CALIFORNIA, EX REL. KAMALA D. HARRIS, CALIFORNIA ATTORNEY GENERAL

COMMERCE REFUSE TO ENERGY AUTHORITY

COUNTY OF LOS ANGELES

COUNTY OF ORANGE

CITY OF FRESNO

COUNTY OF RIVERSIDE

CITY OF CHICO

Other and Intervenor

COMMERCE REFUSE TO ENERGY AUTHORITY

11 More Parties Available

Attorney/Law Firm Details

Plaintiff and Intervenor Attorneys

MCCARTHY, NIALL P

Attorney at COTCHETT, PITRE & MCCARTHY LLP

840 Malcolm Road, Suite 200

Burlingame, CA 94010

SUGARMAN, KENNETH J

Attorney at OFFICE OF THE CALIFORNIA ATTORNEY GENERAL

455 Golden Gate Ave., Ste 11000

San Francisco, CA 94102

SIMPTON, JEFFREY L

Attorney at KAMALA D. HARRIS, ATTORNEY GENERAL OF CALIFORNIA

1300 I Street, Suite 125, P.O. Box 944255

Sacramento, CA 94244-2550

BEVERLIN, WESLEY G.

Attorney at LEWIS BRISBOIS BISGAARD & SMITH

633 West 5Th Street, Sutie 4000

Los Angeles, CA 90071

STEIDLEY, JEFFREY W.

Attorney at STEIDLEY & KELLY, LLC

3000 Weslayan, Suite 350

Houston, TX 77027

LEEDS, REBECCA S.

Attorney at DEPUTY

333 W. Santa Ana Blvd., Suite 407

Santa Ana, CA 92701

VALENZUELA, JR., MANUEL A

648 Kenneth Hahn Hall Of Administration, 500 West Temple Street

Los Angeles, CA 90012-2713

COLEMAN, DERRICK F.

Attorney at COLEMAN FROST LLP

201 Nevada Street

El Segundo, CA 90245

CLEMENTS, OWEN JAMES

Attorney at DEPUTY CITY ATTORNEY

1390 Market St 7Th Fl

San Francisco, CA 94102-5408

KELLY, JAMES T.

Attorney at STEIDLEY & KELLY, LLC

3000 Weslayan, Suite 350

Houston, TX 77027

LAM, JENNY

Attorney at OFFICE OF THE COUNTY COUNSEL

70 West Hedding Street, East Wing, Ninth Floor

San Francisco, CA 95110-1770

SHEA, KIRSTEN B

3960 Orange Street, Ste 500

Riverside, CA 92501

DILLON, ERIN E

Attorney at OFFICE OF THE CITY ATTORNEY

1200 Third Avenue, Suite 1100

San Diego, CA 92101-4100

CAMERENA, ERICA M

Attorney at FRESNO CITY ATTORNEYS OFFICE

2600 Fresno Street, Room 2031

Fresno, CA 93721-3602

ALVAREZ-GLASMAN, ARNOLD M.

Attorney at ALVAREZ-GLASMAN & COLVIN

13181 Crossroads Parkway,, North, Sute 400 West

City Of Industry, CA 91746

Defendant Attorneys

CAREY, TIMOTHY J.

Attorney at WINSTON & STRAWN LLP

35 W. Wacker Drive

Chicago, IL 60601-9703

COLLIAS, JOANNA

Attorney at WINSTON & STRAWN LLP

35 W. Hacker Drive

Chicago, IL 60601-9703

HAUSMAN, KENNETH GIBBS

Attorney at ARNOLD & PORTER LLP

Three Embarcadero Center, 10Th Fl

San Francisco, CA 94111-4024

Intervenor and Other Attorney

BEVERLIN, WESLEY G.

Attorney at LEWIS BRISBOIS BISGAARD & SMITH

633 West 5Th Street, Sutie 4000

Los Angeles, CA 90071

Other Attorneys

PATE, WILLIAM C.

Attorney at STUTZ ARTIANO SHINOFF & HOLTZ A PROFESSIONAL CORPORATION

2488 Historic Decatur Road, Suite 200

San Diego, CA 92106

 

Court Documents

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL

Proof of Service of Summons

SUMMONS ON COMPLAINT (TRANSACTION ID # 15004058), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL SERVED DEC-23-2014, PERSONAL SERVICE ON DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION

Unopposed Application of the People of the State of California for Approval of Complex Litigation Designation

UNOPPOSED APPLICATION OF THE PEOPLE OF THE STATE OF CALIFORNIA FOR APPROVAL OF COMPLEX LITIGATION DESIGNATION (TRANSACTION ID # 56642993) FILED BY PLAINTIFF THE PEOPLE OF THE STATE OF CALIFORNIA

MOTION FOR PREMPTORY DISQUALIFICATION PURSUANT TO CODE CIV. PROC. SECTION 170.6

MOTION FOR PREMPTORY DISQUALIFICATION (TRANSACTION ID # 56821160) FILED BY DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION BP PLC A UK CORPORATION BP PRODUCTIONS NORTH AMERICA, INC. A MARYLAND CORPORATION (Fee:7250.00)

ORDER

ORDER GRANTING MOTION FOR PEREMPTORY CHALLENGE PURSUANT TO CCP SECTION 170.6; VACATING CASE MANAGEMENT CONFERENCE, REASSIGNING CASE FOR ALL PURPOSES; SETTING NEW CASE MANAGEMENT CONFERENCE [E-SERVICE TRANSACTION I.D: 56836839]

City of Chicos Notice of Election to Decline Intervention

CITY OF CHICOS NOTICE OF ELECTION TO DECLINE INTERVENTION (TRANSACTION ID # 56979464) FILED BY INTERVENOR CITY OF CHICO

City of Fresnos Notice of Election to Decline Intervention

CITY OF FRESNOS NOTICE OF ELECTION TO DECLINE INTERVENTION (TRANSACTION ID # 57083712) FILED BY INTERVENOR CITY OF FRESNO

ORDER GRANTING APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE

ORDER GRANTING APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE FOR ATTORNEY JAMES T. KELLY FOR QUI TAM PLAINTIFF CHRISTOPHER J SCHROEN (TRANSACTION 57165648) FILED BY COUNSEL FOR PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL

Proof of Service

PROOF OF SERVICE NOTICES OF PAYMENT OF PRO HAC VICE ANNUAL RENEWAL FEES FOR TIMOTHY J. CAREY AND JOANNA COLLIAS (TRANSACTION ID # 58556788) FILED BY DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION

ORDER

ORDER EXTENDING SEAL AND TIME TO INTERVENE (UNTIL SEPT. 4, 2014)

Proof of Service

PROOF OF SERVICE (TRANSACTION ID # 56642993) FILED BY INTERVENOR THE PEOPLE OF THE STATE OF CALIFORNIA

Declaration of E. Camarena re Ex Parte Application

DECLARATION OF E. CAMARENA RE EX PARTE APPLICATION (TRANSACTION ID # 56826803) FILED BY INTERVENOR CITY OF FRESNO

Complaint in Intervention

COMPLAINT IN INTERVENTION (TRANSACTION ID # 56940788) FILED BY INTERVENOR COUNTY SANITATION DISTRICT NO. 2 OF LOS ANGELES COUNTY AS TO DEFENDANT IN INTERVENTION BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION BP PRODUCTS NORTH AMERICA, INC. A MARYLAND CORPORATION BP PLC A UK CORPORATION ROES 1 THROUGH 20, INCLUSIVE

Exhibit A to Declaration of Richie Malone in Support of Defendants Demurrer, Motion to Strike and Motion to Dismss Qui Tam Plaintiffs First Amended Complaint as Superseded and for Forum Non Conveniens

EXHIBIT A TO DECLARATION OF RICHIE MALONE IN SUPPORT OF DEFENDANTS DEMURRER, MOTION TO STRIKE AND MOTION TO DISMSS QUI TAM PLAINTIFFS FIRST AMENDED COMPLAINT AS SUPERSEDED AND FOR FORUM NON CONVENIENS (TRANSACTION ID # 57057003) FILED BY DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION BP PLC A UK CORPORATION BP PRODUCTIONS NORTH AMERICA, INC. A MARYLAND CORPORATION

Verified Application of James T. Kelly in Support of Qui Tam Plaintiffs Notice of Motion and Motion for Admission of James T. Kelly to the Bar of This Court Pro Hac Vice and Memorandum of Points and Authorities in Support Thereof

MOTION TO ADMIT COUNSEL PRO HAC VICE (TRANSACTION ID # 57094016) FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL HEARING SET FOR MAY-06-2015 AT 09:00 AM IN DEPT 304 (Fee:500.00)

ORDER GRANTING APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE

ORDER GRANTING APPLICATION TO APPEAR AS COUNSEL PRO HAC VICE FOR ATTORNEY JEFFREY W. STEIDLEY FOR QUI TAM PLAINTIFF CHRISTOPHER SCHROEN (TRANSACTION 57165648) FILED BY COUNSEL FOR PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL

MINUTES FOR JUN-08-2015 2:00 PM

MINUTES FOR JUN-08-2015 2:00 PM

Joint Case Management Statement No. 6

JOINT CASE MANAGEMENT STATEMENT NO. 6 (TRANSACTION ID # 58412136) FILED BY PLAINTIFF THE PEOPLE OF THE STATE OF CALIFORNIA

219 More Documents Available

 

Docket Entries

  • 03/30/2016
  • PRO HAC VICE RENEWAL FEE PAID FOR ATTORNEY JAMES T. KELLY (Fee:500.00)

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  • 03/30/2016
  • PRO HAC VICE RENEWAL FEE PAID FOR ATTORNEY JEFFREY W. STEIDLEY (Fee:500.00)

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  • 03/03/2016
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  • NOTICE OF CHANGE OF ADDRESS (TRANSACTION ID # 58651470) FILED BY ATTORNEY COLEMAN, DERRICK F.

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  • 02/16/2016
  • PRO HAC VICE RENEWAL CALENDAR OF MAR-23-2016 IS OFF CALENDAR AS TO ATTORNEY, JOANNA COLLIAS. PRO HAC VICE FEES WERE PAID ON 2-10-16.

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  • 02/11/2016
  • ISSUING COMMISSION TO TAKE DEPOSITION OUT OF STATE UNDER CCP 2026 FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL (Fee:30.00)

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  • 02/11/2016
  • ISSUING COMMISSION TO TAKE DEPOSITION OUT OF STATE UNDER CCP 2026 FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL (Fee:30.00)

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  • 02/10/2016
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  • PROOF OF SERVICE NOTICES OF PAYMENT OF PRO HAC VICE ANNUAL RENEWAL FEES FOR TIMOTHY J. CAREY AND JOANNA COLLIAS (TRANSACTION ID # 58556788) FILED BY DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION

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  • 02/10/2016
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  • NOTICE SENT TO ATTORNEY JOANNA COLLIAS TO PAY PRO HAC VICE RENEWAL FEE BY MAR-23-2016

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  • 02/10/2016
  • FEB-10-2016 PRO HAC VICE STATUS CALENDAR AS TO ATTORNEY TIMOTHY J. CAREY - OFF CALENDAR, RENEWAL FEES PAID ON FEB-10-2016

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  • 02/10/2016
  • PRO HAC VICE RENEWAL FEE PAID FOR ATTORNEY JOANNA COLLIAS (TRANSACTION ID # 58554551) (Fee:500.00)

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259 More Docket Entries
  • 02/22/2013
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  • EX PARTE APPLICATION FOR ORDER FOR AN EXTENSION OF TIME TO INTERVENE AND PARTIAL LIFTING OF THE SEAL FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL (Fee:EXEMPT)

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  • 11/21/2012
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  • CASE MANAGEMENT CONFERENCE OF DEC-05-2012 CONTINUED TO APR-03-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

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  • 11/14/2012
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  • CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 20.0 DAYS

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  • 11/09/2012
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  • STATEMENT OF THE ATTORNEY GENERAL'S OFFICE RE: DEC 05, 2012 CASE MANAGEMENT CONFERENCE

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  • 10/03/2012
  • JURY FEES DEPOSITED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL (Fee:150.00)

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  • 08/30/2012
  • DECLARATION OF (IN CAMERA) DEPUTY ATTORNEY GENERAL JULIA A. CLAYTON IN SUPPORT OF APPLICATION FOR AND EXTENSION OF THE SEAL AND TIME TO INTERVENE (SEALED DOCUMENT) FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL

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  • 08/30/2012
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  • EX PARTE APPLICATION FOR ORDER FOR EXTENSION OF THE SEAL AND TIME TO INTERVENE; MEMO OF P & A FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL (Fee:EXEMPT)

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  • 08/30/2012
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  • ORDER EXTENDING THE SEAL AND TIME TO INTERVENE (TO MAR-4-2013)

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  • 07/03/2012
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  • NOTICE TO PLAINTIFF

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  • 07/03/2012
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  • FRAUD, COMPLAINT FILED BY PLAINTIFF STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, REGENTS OF THE UNIVERSITY OF CALIFORNIA, AND BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY, AND ROES 1-200, EX REL. CHRISTOPHER J. SCHROEN, AN INDIVIDUAL AS TO DEFENDANT BP AMERICA PRODUCTION COMPANY A DELAWARE CORPORATION BP ENERGY COMPANY A DELAWARE CORPORATION BP CORPORATION NORTH AMERICA, INC. AN INDIANA CORPORATION BP PRODUCTS NORTH AMERICA, INC. A MARYLAND CORPORATION BP PLC A UK CORPORATION DOES 1-20 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-05-2012 PROOF OF SERVICE DUE ON SEP-04-2012 CASE MANAGEMENT STATEMENT DUE ON NOV-20-2012 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE (Fee:410.00)

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Complaint Information

KAMALA D. HARRIS Attorney General of California JACQUELINE S. DALE (SBN 170800)

Supervising Deputy Attorney General ELECTRONICALLY KENNETH J. SUGARMAN (SBN 195059) HEATHER B. HOESTEREY (SBN 201254) Sup ilc OI;TEC?M,B Deputy Attorneys General County of San Francisco 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 %|59{k2°¥4|zgg'u?t Telephone: (415) 703-5958 BY:ALISON AGBAY Fax: (415) 703-5480 Deputy Clerk

E-mail: Kenneth.Sugarman(@doj.ca.gov Attorneys for the People of the State of California

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO

STATE OF CALIFORNIA ex rel. CHRISTOPHER J. SCHROEN, et al., Case No. CGC-12-522063

FIRST AMENDED COMPLAINT IN INTERVENTION OF THE PEOPLE OF THE STATE OF CALIFORNIA DEMAND FOR JURY TRIAL

Plaintiffs, V.

BP AMERICA PRODUCTION COMPANY, et al.,

Defendants.

THE PEOPLE OF THE STATE OF

CALIFORNIA, Plaintiff-Intervenor, V.

BP AMERICA PRODUCTION COMPANY, a Delaware corporation; BP ENERGY COMPANY, a Delaware corporation; BP CORPORATION NORTH AMERICA, INC,, Inc., an Indiana corporation; and DOES 1 20,

Defendants.

1 First Amended Complaint in Intervention of the People of the State of California (CGC-12-522063)

1 First Amended Complaint in Intervention of the People of the State of California (CGC-12-522063) Plaintiff, the People of the State of California, based on information and belief, alleges for its complaint as follows:

Plaintiff, the People of the State of California, based on information and belief, alleges for its complaint as follows:

INTRODUCTION

1. This action arises from Defendants’ violations of the False Claims Act from approximately April 2003 to the date of trial.

2. Defendants have overcharged the State of California and numerous California political subdivisions' millions of dollars for natural gas purchases under three successive contracts with the Department of General Services (“DGS”), an executive department in the California Government Operations Agency.

3. The contracts entered into with DGS provide for the purchase of gas under two different pricing structures: (1) the market (or index) price as of the beginning of the delivery month; or (2) an alternative price, agreed upon by the parties ahead of time. The latter type of purchases are referred to herein as “Special Pricing” purchases.

4. The contracts expressly prohibit Defendants from quoting a price for a Special Pricing purchase “that exceeds the Market Price plus $ 0.15 per MMBtu.””

5. Notwithstanding this provision, Defendants continually and systematically quoted the state prices for Special Pricing purchases that exceeded the market price by more than $0.15 per MMBHtu, thereby inducing the state to enter into hundreds of purchase agreements for overpriced gas.

6. Defendants’ internal communications report average state margins on the order of $0.25 per MMBtu or higher, or at least $0.10 per MMBtu more than the state was supposed to pay. In July 2009, Defendants reported that, for Defendants’ relevant business region, the state accounted for 35 percent of the customer profit margin, even though the state comprised only

eight percent of their business by volume. “Squeezing gold out of that goose” is how one of

' The State of California and the relevant California political subdivisions may be referred to herein collectively as the “state.” A Btu is a standard unit of measurement denoting the amount of heat energy in fuels. A Btu 1s the amount of heat required to increase the temperature of a pound of water by one degree Fahrenheit. An MMBtu stands for one million Btu’s.

2 First Amended Complaint in Intervention of the People of the State of California (CGC-12-522063)

2 First Amended Complaint in Intervention of the People of the State of California (CGC-12-522063) Defendants’ employees closest to the DGS account described transacting with the state for Special Pricing volumes.

Defendants’ employees closest to the DGS account described transacting with the state for Special Pricing volumes.

7. Through this action, the People seek to recover treble damages and penalties under the False Claims Act, restitution and penalties under the Unfair Competition Law, prejudgment interest, the costs of this action, and such other relief as the Court deems proper.

PLAINTIFF

8. Plaintiff is the People of the State of California (“Plaintiff, or the “People™).

9. Pursuant to Government Code section 12652, the People, by and through the Attorney General, may elect to intervene and proceed with an action brought by a private person (the “qui tam plaintiff”) under the False Claims Act, Government Code section 12652, subdivision (c)(1), for violations of the Act (a “qui tam action”), and seek damages and penalties as provided in section 12651, subdivision (a). Pursuant to section 12652, subdivision (¢)(1), where the People proceed with the action, the People shall have the primary responsibility for prosecuting the action.

10. On July 2, 2012, Christopher J. Schroen, the qui tam plaintiff, brought this action as a qui tam action.

11. On November 4, 2014, pursuant to Government Code section 12652, subdivision (©)(8)(D)(1), the People gave notice that they intend to intervene and proceed with the action.

12. Pursuant to Business and Professions Code sections 17204 and 17206, the Attorney General 1s authorized to bring a civil action in the name of the People of the State of California for the assessment and recovery of restitution and civil penalties for each violation of the Unfair Competition Law, Business and Professions Code sections 17200 to 17210.

DEFENDANTS

13. Defendant BP America Production Company is a Delaware Corporation, registered with the California Secretary of State, and authorized to do business and doing business in California.

JURISDICTION AND VENUE

19. The Court has subject matter jurisdiction pursuant to Article 6, section 10 of the California Constitution.

FACTUAL ALLEGATIONS

I. THEDGS NATURAL GAS SERVICES PROGRAM

24. At all times relevant to this complaint, DGS has operated a program called the Natural Gas Services (“NGS”) program.

25. The NGS program procures natural gas supplies and related services for California state agencies and California political subdivisions that elect to participate in the program. Participants during the period covered by this complaint include, without limitation, DGS itself, several state executive agencies; California State University (“CSU”), including CSU’s San Francisco campus, SFSU; the University of California (“UC”), including UC campuses in San Francisco; and the County of Los Angeles.

il. DEFENDANTS’ CONTRACTUAL OBLIGATIONS

26. DGS and BPE entered into three successive master contracts under which BPE has been, with limited exceptions, the “full requirements” supplier for the NGS program. Under the contracts, BPE has obligations to procure natural gas required by program customers and to provide related services, including coordinating the pipeline nominations and transportation required for the delivery of natural gas to customers’ gas meters, and monitoring customers’ actual usage.

27. Collectively, the contracts provide for gas supplies flowing from April 1, 2003 through June 2016, though certain Special Pricing purchases transacted under the third contract provide for gas to be supplied through June 2017.

A. The Contracts Provide for Default Pricing and Special Pricing Purchases

28. The DGS contracts include two pricing structures for gas to be supplied under the contracts. The first pricing structure is “Default Pricing.”

29. The Default Pricing structure is a published index price—i.e., a price to be determined as of the delivery month by reference to a specified, published gas price index for that month. Default Pricing purchases are not at issue in this action.