Citicorp Services, Inc. v. Gillespie

PECKHAM, District Judge.

I. INTRODUCTION

In this proceeding, Citicorp Services Inc. (“CSI”) challenges the constitutionality of California Insurance Code Section 12413 (“statute”) that regulates when California escrow accounts may disburse proceeds received by check or certain other forms of negotiable instruments. In essence, the statute provides that escrow accounts must hold checks drawn on out-of-state banks (“out-of-state checks”) until they clear but may distribute the proceeds of checks drawn on in-state banks (“in-state checks”) as soon as they are deposited into the escrow account. If…