California Court of Appeal

In plaintiffs' qui tam action against Bank of America under the California False Claims Act, (CFCA), claiming that BOA defrauded the State by failing to pay over to the State amounts that plaintiffs contend should escheat as abandoned or unclaimed property under the California Unclaimed Property Law (UPL), trial court's judgment sustaining BOA"s demurrer to plaintiffs' first amended complaint without leave to amend is affirmed as, plaintiffs fail to state a cause of action under either the UPL or the CFCA as, plaintiffs have identified no property subject to escheat to the State, and consequently cannot establish a claim under the UPL which they would be entitled to pursue in the name of the State.

Appellate Information

• Argued 01/11/2011
• Decided 01/11/2011
• Published 01/11/2011

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Frank M. Pitre, Nancy L. Perkins