Morris

Morris v. Chiang

Good Law
163 Cal. App. 4th 753·2008 Cal. App. LEXIS 828·77 Cal. Rptr. 3d 799
Court of Appeal of CaliforniaJune 3, 2008B194764California2,535 words

Opinion

Opinion

Cooper, J.

— Plaintiff, Leah Morris, appeals from summary judgment granted to defendant, the State Controller (controller), in a class action for equitable relief from alleged unconstitutional takings of property, namely interest “and other accruals” on unclaimed property held by the controller under the Unclaimed Property Law, Code of Civil Procedure section 1500 et seq. (UPL; undesignated section references are to the Code of Civil Procedure). The trial court ruled that the UPL did not work such a taking. We agree with that conclusion, and affirm the judgment.

FACTS

The UPL governs the state’s handling and disposition, generally through the controller, of property such as bank accounts and securities, held by entities such as banks, brokerage firms, and insurance companies, the owners of which have not acknowledged or claimed their interest in for several years, generally three. Such property by statute escheats, nonpermanently, and the holder must transfer it to the controller. The controller sells the property (other than money), and deposits the proceeds in an unclaimed property fund, from which the controller pays approved claims, as well as expenses of administering the…

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