Turncliff

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL M. TURNACLIFF, in his  capacity as Administrator for the Estate of Kathleen M. Dodd, with will annexed, Plaintiff-Appellant, No. 07-15287 v. STEVE WESTLY, in his individual &  D.C. No.

CV-05-05303-SI

official capacity as State

OPINION

Controller of the State of California, and in his custodial capacity as Administrator of the Unclaimed Property Fund, Defendant-Appellee.  Appeal from the United States District Court for the Northern District of California Susan Yvonne Illston, District Judge, Presiding

Argued and Submitted August 12, 2008—San Francisco, California

Filed October 15, 2008

Before: David R. Thompson and Kim McLane Wardlaw, Circuit Judges, and Susan R. Bolton,* District Judge.

Opinion by Judge Thompson

*The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation.

14549 TURNACLIFF v. WESTLY 14551

COUNSEL

David B. Tillotson & John A. Lofton, San Francisco, Califor- nia, for the plaintiff-appellant.

Edmund G. Brown, Jr., Christopher E. Krueger, Douglas J. Woods, and Zackery P. Morazzini,…