No. 23-255

Cooper D. Johnson v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al.

Lower Court: California
Docketed: 2023-09-15
Status: Denied
Type: Paid
Relisted (2)
Tags: civil-procedure civil-rights constitutional-law due-process fifth-amendment fourteenth-amendment property-rights takings takings-clause unclaimed-property
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (from Petition)

1. Whether the Controller's actions under color of
the California Unclaimed Property Law, Cal. Civ.
Proc. Code §§ 1300, et seq. ("UPL"), violate the Due
Process Clause of the Fourteenth Amendment
because they deprive owners of their property without
affording constitutionally adequate notice.

2. Whether the Controller's actions under color of
the California UPL violate the Takings Clause of the
Fifth Amendment because they take private property
without just compensation.

Question Presented (AI Summary)

Whether the Controller's actions under the California Unclaimed Property Law violate the Due Process Clause and Takings Clause

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-30
Rescheduled.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-09-29
Motion to extend the time to file a response is granted and the time is extended to and including November 15, 2023.
2023-09-28
Motion to extend the time to file a response from October 16, 2023 to November 15, 2023, submitted to The Clerk.
2023-09-12

Attorneys

Cooper Johnson
Laurence Henry TribeKaplan Hecker & Fink LLP, Petitioner
Malia Cohen, individually and in her official capacity as State Controller of the State of California, et al.
Joshua PatashnikCalifornia Department of Justice, Respondent