Escamilla

The State of California Department of Corrections and Rehabilitation (CDC) appeals an order granting inmate Carlos Escamilla’s petition for a writ of habeas corpus and awarding him $225 for personal property CDC did not return to him. On appeal, CDC contends the order should be reversed because: (1) a writ of habeas corpus cannot be used for recovery of personal property or money damages; (2) Escamilla’s claim is barred by his failure to comply with the claims presentation requirements of the California Tort Claims Act (the Act) (Gov. Code, § 810 et seq.); and (3) there is insufficient evidence to support the trial court’s findings. We requested, and have received and considered, supplemental briefs submitted by the parties on the issue of whether Escamilla’s petition for writ of habeas corpus should be treated as a petition for writ of mandamus seeking specific recovery of his personal property or its value and therefore is not a “claim[] for money or damages” pursuant to section 905.2.

FACTUAL AND PROCEDURAL BACKGROUND

On November 21, 2003, Escamilla was an inmate at the Calipatria State Prison. At 9:21 a.m., he purchased $70 worth of items at the prison’s canteen…