No. 23-255

Cooper D. Johnson v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al.

Lower Court: California
Docketed: 2023-09-15
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure civil-rights constitutional-law due-process fifth-amendment fourteenth-amendment property-rights takings takings-clause unclaimed-property
Key Terms:
AdministrativeLaw SocialSecurity DueProcess Takings FifthAmendment
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process Clause and Takings Clause

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Controller’s actions under color of the California Unclaimed Property Law, Cal. Civ. Proc. Code §§ 1300, et seq. (“UPL”), violate the Due Process Clause of the Fourteenth Amendment because they deprive owners of their property without affording constitutionally adequate notice. 2. Whether the Controller’s actions under color of the California UPL violate the Takings Clause of the Fifth Amendment because they take private property without just compensation. i

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-30
Rescheduled.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-09-29
Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2023.
2023-09-28
Motion to extend the time to file a response from October 16, 2023 to November 15, 2023, submitted to The Clerk.
2023-09-12

Attorneys

Cooper Johnson
Laurence Henry TribeKaplan Hecker & Fink LLP, Petitioner
Malia Cohen, individually and in her official capacity as State Controller of the State of California, et al.
Joshua PatashnikCalifornia Department of Justice, Respondent