Chris Lusby Taylor Nancy A. Pepple-Gonsalves v. Steve Westly, in His Capacity as Controller of the State of California

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Lee-Malone exception does not apply when “the plaintiffs unquestionably [seek] money that belong[s] to the government, but to which the plaintiffs assert[ ] an entitlement”
• stating that the plaintiffs “allege[d] actions that would fall outside the scope of the Controller’s statutory authority to such an extent as to be ultra vires”
• stating that the plaintiffs “allege[d] actions that would fall outside the scope of the Controller’s statutory authority to such an extent as to be ultra vires”
• reiterating prior holding that property not taken when merely held in trust by state for owner
• determining, after considering the language of the pertinent California statutes, that “to the extent that the funds remained in the state’s special account, they were being held in trust, rather than being in the state treasury.”
• “Thus the Controller is admitting right in her ad that she is violating the law!”

Source: CourtListener parenthetical corpus (CC0).