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STATE EX REL. BOWEN v. BANK OF AMERICA

No. B172190.

23 Cal.Rptr.3d 746 (2005)

126 Cal.App.4th 225

The STATE of California ex rel. William BOWEN, Plaintiff and Appellant, v. BANK OF AMERICA CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division 1.

Rehearing Denied February 24, 2005.

Review Denied May 18, 2005.

Attorney(s) appearing for the Case

Markun Zusman & Compton, David S. Markun and Robert K. Crowe for Plaintiff and Appellant William Bowen.

Heller Ehrman White & McAuliffe, Jonathan P. Hayden, Warrington S. Parker III, and Elizabeth S. Pehrson, San Francisco, for Defendant and Respondent Bank of America, joined by Gary F. Torrell and Christine M. Johnson for Defendant and Respondent Downey Savings and Loan Association, and Jeffer Mangels Butler & Marmaro, John L. Hossack and Andrea Y. Slade, Los Angeles, for Defendant and Respondent Union Bank of California.

SUZUKAWA, J.**

Plaintiff filed a whistleblower action against defendants for allegedly violating the False Claims Act (FCA) (Gov.Code, § 12650 et seq.) by failing to report reconveyance fees as escheated property under the California Unclaimed Property Law (UPL) (Code Civ. Proc., § 1500 et seq.). Given the uncertain and unliquidated nature of defendants' obligation to refund the reconveyance fees at issue herein, we conclude...

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