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STATE OF CALIFORNIA EX REL. McCANN v. BANK OF AMERICA, N.A.

No. A126494.

191 Cal.App.4th 897 (2011)

STATE OF CALIFORNIA ex rel. JOSEPH McCANN et al., Plaintiffs and Appellants, v. BANK OF AMERICA, N.A., et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Five.

January 11, 2011.

Attorney(s) appearing for the Case

Cotchett, Pitre & McCarthy, Frank M. Pitre , and Ara Jabagchourian ; Freshman & Freshman and Jerald A. Freshman for Plaintiffs and Appellants.

Arnold & Porter, Nancy L. Perkins and Laurence J. Hutt for Defendants and Respondents.

OPINION

BRUINIERS, J.—

Joseph McCann and Douglas Valdetero (Appellants) brought a qui tam action against Bank of America, N.A. (BOA), in the name of the State of California under California's False Claims Act (CFCA; Gov. Code, § 12650 et seq.). The complaint alleged that BOA defrauded the state by failing to pay over to the state amounts that Appellants contend should escheat as abandoned or unclaimed property under California's...

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