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.
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
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.