California Court of Appeal
Escamilla v. California Dep't of Corr., D046822
Grant of habeas petition, treated as mandamus petition for recovery of damages for property, and award for personal property defendant failed to return to plaintiff is affirmed over claims that: 1) a habeas petition cannot be used for recovery of personal property or money damages; 2) plaintiff's claim is barred by his failure to comply with the claims presentation requirements of the California Tort Claims Act; and 3) there is insufficient evidence to support the trial court's findings.
Appellate Information
- Decided 06/29/2006
- Published 07/19/2006
Judges
- McDONALD, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Carl Fabian, under appointment by the Court of Appeal, for Plaintiff and Respondent., Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Heather L. Bushman and Lora Fox Martin, Deputy Attorneys General, for Defendant and Appellant.