In an action by a putative class of persons whose financial assets escheated to the California Controller's Office pursuant to California's Unclaimed Property Law (UPL), alleging insufficient notice and mishandling of plaintiffs' property, order granting partial summary judgment to plaintiffs and defendants is affirmed in part where the Eleventh Amendment barred plaintiffs' claims for restitution. However, the order is reversed in part where the state was not constitutionally required to pay any interest under the UPL.
Argued and Submitted July 13, 2009
Filed August 26, 2009
Opinion by Judge Smith
William Wayne Palmer, Law Offices of William W. Palmer, Sacramento, CA
Daniel J. Culhane, Law Offices of William W. Palmer, Sacramento, CA
Robin B. Johansen, Remcho, Johansen & Purcell, LLP, San Leandro, CA
James C. Harrison, Remcho, Johansen & Purcell, LLP, San Leandro, CA