United States Ninth Circuit

In a dispute over the amount of interest paid on return of previously unclaimed property, summary judgment for defendant is affirmed where defendant Comptroller correctly construed California Code of Civil Procedure section 1540(c) and did not violate the Takings Clause when he returned plaintiff's previously abandoned property with statutorily-determined interest of 1.69 percent.

Appellate Information

• Argued 08/12/2008
• Decided 10/15/2008
• Published 10/15/2008

Judges

• Judge THOMPSON, Senior Circuit Judge:, Before: DAVID R. THOMPSON and KIM McLANE WARDLAW, Circuit Judges, and SUSAN R. BOLTON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David B. Tillotson & John A. Lofton, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Christopher E. Krueger, Douglas J. Woods, and Zackery P. Morazzini, Sacramento, CA, for the defendant-appellee.