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Michael McClain, et al. v. California Department of Tax and Fee Administration, et al.

Paid petition · Supreme Court of California, No. S241471 · judgment March 4, 2019

Certiorari denied · October 7, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does a State violate the Due Process Clause and trigger a right to just compensation under the Takings Clause when it permanently escheats private property from an intermediary to itself under a statutory scheme that denies standing to the real parties in interest, including denying them any right to a judicial or administrative procedure by which to reclaim their private property?

Counsel of record

For petitioner
Bruce Russell MacLeod
Law Offices of Bruce R. MacLeod

For respondent
Janill L. Richards
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jun 12 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 06 2019
    Waiver of right of respondent California Department of Tax and Fee Administration to respond filed.
  4. May 31 2019
    Petition for a writ of certiorari filed. (Response due July 5, 2019)