California Court of Appeal

Plaintiffs have recovered the full amount allowed for their Berkshire Hathaway shares, sold by the State in 1990 per the Unclaimed Property Law, and cannot sue the Controller for damages. The escheat did not constitute a taking and due process did not require the Controller to give notice to plaintiffs beyond what they had already received constructively.

Appellate Information

• Decided 03/11/2004
• Published 04/12/2004

Judges

• NICHOLSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Jeff Tochterman, William W. Palmer, Sacramento, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Bill Lockyear, Attorney General, Louis Mauro, Senior Assistant Attorney General, Catherine Van Aken, Lead Supervising Deputy Attorney General, Leslie R. Lopez and Jonathan K. Renner, Deputy Attorneys General; Rechmo, Johansen & Purcell, Robin B. Johansen and James C. Harrison, for Defendant and Respondent.