SUEVER v. CONNELL

Nos. 08-15884, 08-16161.

579 F.3d 1047 (2009)

Agnes SUEVER, deceased; Madonna Suever; Steve Tucker; Alexander Vondjidis; Richard W. Seitzinger; Jo-Ann Seitzinger, individually and as trustees for the Seitzinger Family Trust; Johnstone Whitley; Tony Lee; Lynn Keith, Plaintiffs-Appellants, v. Kathleen CONNELL, in her individual capacity; Richard Chivaro, in his individual and official capacity; George DeLeon, in his individual and official capacity; Steve Westly, in his individual and official capacity as Controller of the State of California, Defendants-Appellees. Agnes Suever; Madonna Suever; Steve Tucker; Richard W. Seitzinger, individually and as trustees for the Seitzinger Family Trust; Alexander Vondjidis; Jo-Ann Seitzinger individually and as trustees for the Seitzinger Family Trust; Johnstone Whitley; Lynn Keith; Tony Lee; Richard V. Valdes, Plaintiffs-Appellees, v. John Chiang, in his individual and official capacity as Controller of the State of California, and in his custodial capacity as administrator of the Unclaimed Property Fund; Richard Chivaro, in his individual and official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 2009.


Attorney(s) appearing for the Case

William Wayne Palmer & Daniel J. Culhane, Law Offices of William W. Palmer, Sacramento, CA, for the plaintiffs-appellants/appellees.

Robin B. Johansen, James C. Harrison, Thomas A. Willis, & Margaret R. Prinzing, Remcho, Johansen & Purcell, LLP, San Leandro, CA, for the defendants-appellees/appellants.

Before: BARRY G. SILVERMAN, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.


MILAN D. SMITH, JR., Circuit Judge:

Plaintiffs, an uncertified class of individuals whose financial assets escheated to the Controller's Office pursuant to California's unclaimed property law (UPL), CAL. CIV. PROC. CODE §§ 1300, et seq., sued alleging insufficient notice and mishandling of their property. Defendants are Kathleen Connell, Richard Chivaro, Steve Westly, and George DeLeon (collectively, the Controller).1...

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