ESCAMILLA v. CDC

No. D046822.

46 Cal.Rptr.3d 408 (2006)

141 Cal.App.4th 498

Carlos ESCAMILLA, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

June 29, 2006.


Attorney(s) appearing for the Case

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.


McDONALD, Acting P.J.

The State of California Department of Corrections and Rehabilitation (CDC) appeals an order granting inmate Carlos Escamilla's petition for a writ of habeas corpus and awarding him $225 for personal property CDC did not return to him. On appeal, CDC contends the order should be reversed because: (1) a writ of habeas corpus cannot be used for recovery of personal property or money damages; (2) Escamilla...

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