Trust Realty Partners v. Westly
The State Unclaimed Property Law (UPL) (Code Civ. Proc., 1500 et seq.; further undesignated section references are to the Code of Civil Procedure) requires holders of certain unclaimed property to transfer possession of it to the State Controller, to be held until restored to the rightful owner. The purposes of the Unclaimed Property Law are to protect unknown owners by locating them and restoring their property and to give the state the benefit of the use of it. (Cory v. Public Utilities Com. (1983) 33 Cal.3d 522, 528.)
Defendants contend the trial court erred in granting summary adjudication as a sanction and granting summary adjudication when TRPs motion sought only summary judgment. Defendants further challenge the breadth of the courts order as well as the legality of the remedies provided in it. Court conclude the trial courts order far exceeded what was at issue on TRPs motion. Court therefore reverse the order.
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