Chiang

Casiopea Bovet, LLC v. Chiang

Good Law
12 Cal. App. 5th 656·2017 Cal. App. LEXIS 524·219 Cal. Rptr. 3d 157
Court of Appeal of CaliforniaMay 17, 2017D070797California2,621 words

Opinion

Lead Opinion

McConnell, J.

*659 INTRODUCTION

Casiopea Bovet, LLC (Casiopea) appeals a judgment on the pleadings granted in favor of the California State Controller (Controller) on the basis Casiopea could not claim escheated property under the Unclaimed Property Law (Code of Civ. Proc., § 1500 et seq. ) 1 as an assignee of Financial Title Company (Financial Title) because Financial Title was a suspended corporation (Rev. & Tax. Code, § 23301 ), which lacked legal capacity to prosecute an action. ( City of San Diego v. San Diegans for Open Government (2016) 3 Cal.App.5th 568 , 577, 207 Cal.Rptr.3d 703 ( City of San Diego ).) Casiopea contends (1) the penalty provisions of Revenue and Taxation Code section 23301 should not apply to a claim made pursuant to an assignment ordered under the Enforcement of Judgments Law (§ 680.010 et seq.), as distinguished from a voluntary assignment under Civil Code section 954 ; (2) Casiopea, as an assignee, is an "innocent third party" and should be able to claim the property under equitable principles; and (3) the court abused its discretion in denying Casiopea's request for continuance or leave to amend its complaint. We disagree with each of these contentions and affirm…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.