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WEINGARTEN REALTY INVESTORS v. CHIANG

No. D061348.

212 Cal.App.4th 163 (2012)

150 Cal. Rptr. 3d 813

WEINGARTEN REALTY INVESTORS, Plaintiff and Respondent, v. JOHN CHIANG, as State Controller, Defendant and Appellant.

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

December 19, 2012.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General, Douglas J. Woods , Assistant Attorney General, Tamar Pachter and Daniel J. Powell , Deputy Attorneys General, for Defendant and Appellant.

Kirby & McGuinn, Dean T. Kirby, Jr. , and Roberta S. Robinson for Plaintiff and Respondent.

OPINION

McINTYRE, J. —

In this case, the trial court assigned a judgment debtor's property that had previously escheated to the state under the provisions of the Unclaimed Property Law (Code Civ. Proc., § 1500 et seq.) to a judgment creditor. (Undesignated statutory references are to the Code of Civil Procedure.) The assignee sought to recover the property from the state by filing a claim under section 1540. John Chiang, California...

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