Escamilla v. Department of Corrections & Rehabilitation

Opinion

McDONALD, Acting P. J.

The State of California Department of Corrections and Rehabilitation (CDC) appeals an order granting inmate Carlos Escamilla’s petition for a writ of habeas corpus and awarding him $225 for personal property CDC did not return to him. On appeal, CDC contends the order should be reversed because: (1) a writ of habeas corpus cannot be used for recovery of personal property or money damages; (2) Escamilla’s claim is barred by his failure to comply with the claims presentation requirements of the California Tort Claims Act (the Act) (Gov. Code, § 810 et seq.); 1 and…