State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
The Business Litigation Section represents state agencies and officials in state and federal civil matters concerning the business of government and government regulation of business. Cases are often novel, requiring a deep dive into the constitution, various state statutory schemes, case law, legislative history, and regulatory proceedings. Cases may involve an action for declaratory and injunctive relief or writ challenging a state law, regulation, or order; a challenge to an agency decision; a bankruptcy action to recover a debt owed to the state; a bid protest; and actions for breach of contract or related business torts.
Senior Assistant Attorney General: Tamar Pachter
Offices: Los Angeles, San Diego, Sacramento, and San Francisco
Delaware v. Pennsylvania (2023) 598 U.S. 115: Under Federal Disposition Act, MoneyGram financial products deemed “abandoned” by the payee escheat to the state in which they are purchased, rather than to state in which the company holding the funds is incorporated.
Bekkerman v. California Department of Tax and Fee Administration (2024) 99 Cal.App.5th 1264: Upholding regulation calculating sales tax charged on cell phones “bundled” with cellular service contracts based on the retail, unbundled price of the phone.
Alliance for the Fair Access to Cryptocurrency Terminals v. Dept. of Financial Protection and Innovation (2024): Upholding SB 401, which caps at $1000 daily transactions on crypto kiosks, against due process, equal protection, and takings challenges in order sustaining demurrer without leave to amend.
Ison v. California Insurance Commissioner (2024): Upholding regulation permitting the use of marital status as a optional rating factor, if insurer can establish a substantial relationship to risk of loss, against Unruh Act challenge in order granting summary judgment. An appeal is pending.
Hastings College Conservation Committee v. State of California (2024): Rejecting state and federal constitutional challenges to renaming the law school formerly known as UC Hastings College of the Law to UC College of the Law, San Francisco in granting demurrer without leave to amend. An appeal is pending.