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Aaron Hashim, et al. v. Malia M. Cohen, Individually and in Her Official Capacity as State Controller of California, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A161478 · judgment February 28, 2023


Certiorari denied · December 11, 2023
Pre-decision estimate: 1% cert probability

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

Questions presented

  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.

Counsel of record

For petitioner
Laurence Henry Tribe
Kaplan Hecker & Fink LLP

For respondent
Joshua Patashnik
California Department of Justice

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 11 2023
    Petition DENIED.
  2. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  3. Nov 30 2023
    Rescheduled.
  4. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  5. Nov 10 2023
    Reply of petitioners Aaron Hashim, et al. filed. VIDED. (Distributed)
  6. Nov 01 2023
    Brief of respondents Malia Cohen, individually and in her official capacity as State Controller of the State of California, et al. in opposition filed. VIDED.
  7. Sep 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 1, 2023.
  8. Sep 20 2023
    Motion to extend the time to file a response from October 2, 2023 to November 1, 2023, submitted to The Clerk.
  9. Aug 29 2023
    Petition for a writ of certiorari filed. (Response due October 2, 2023)