Suever v. Connell, No. 08-15884

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.

Read Suever v. Connell, No. 08-15884

Appellate Information

Argued and Submitted July 13, 2009

Filed August 26, 2009

Judges

Opinion by Judge Smith

Counsel

For Appellants:

William Wayne Palmer, Law Offices of William W. Palmer, Sacramento, CA

Daniel J. Culhane, Law Offices of William W. Palmer, Sacramento, CA

For Appellees:

Robin B. Johansen, Remcho, Johansen & Purcell, LLP, San Leandro, CA

James C. Harrison, Remcho, Johansen & Purcell, LLP, San Leandro, CA