Code of Civil Procedure — Part 5 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 5 of 17 · provisions 801–1,000

This provision defines which days count as holidays under the code.

Jurisdiction
United States — California
Instrument
Code
Citation
CCP
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
COVID-19 rental debt IOLTA funds LLC interests Property acquisition School districts abandonment abstracts of judgment accessibility accessibility accommodations accessibility litigation account statements accounting accounting disclosure accounts accounts receivable acknowledgment and promise acknowledgment of receipt adjournment adjudication administrative appeals administrative authority administrative costs administrative election administrative hearings +2,381 more

Statute overview

About this statute

This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

Read the provisions Ask with citations

Legal text

Provisions of Code of Civil Procedure

Showing 200 of 3,346

  1. 1297.82.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Stay of Proceedings [1297.81 - 1297.82] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. )

    Verify source ↗

    A timely request for a stay of judicial proceedings under Section 1297.81 must be granted.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 2. Stay of Proceedings [1297.81 - 1297.82] ( Article 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## 1297.82. A timely request for a stay of judicial proceedings made under Section 1297.81 shall be granted. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
  2. 1297.90.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    A party may ask a superior court for an interim measure of protection before or during arbitration, and the court may grant it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.90. It is not incompatible with an arbitration agreement for a party to request from a superior court, before or during arbitral proceedings, an interim measure of protection, or for the court to grant such a measure. (Added by renumbering Section 1297.91 by Stats. 2024, Ch. 90, Sec. 6. (AB 1903) Effective January 1, 2025.)
  3. 1297.91.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    A superior court has power to issue interim protection measures in arbitration matters, even if the arbitration is not in California.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.91. A superior court shall have the same power to issue an interim measure of protection in relation to arbitration proceedings, irrespective of whether the place of arbitration is in California, as it has in relation to proceedings filed in the first instance in the superior courts. (Added by Stats. 2024, Ch. 90, Sec. 7. (AB 1903) Effective January 1, 2025.)
  4. 1297.92.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    A party to a qualifying arbitration may ask the superior court to enforce an interim protection measure issued by the arbitral tribunal.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.92. Any party to an arbitration governed by this title may request the superior court to enforce an interim measure of protection granted by an arbitral tribunal pursuant to Article 2 (commencing with Section 1297.171) of Chapter 4. (Amended by Stats. 2024, Ch. 90, Sec. 8. (AB 1903) Effective January 1, 2025.)
  5. 1297.93.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    A court may grant interim measures in a pending arbitration, including attachment orders and preliminary injunctions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.93. Measures which the court may grant in connection with a pending arbitration include, but are not limited to: (a) An order of attachment issued to assure that the award to which applicant may be entitled is not rendered ineffectual by the dissipation of party assets. (b) A preliminary injunction granted in order to protect trade secrets or to conserve goods which are the subject matter of the arbitral dispute. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
  6. 1297.94.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    When deciding a request for interim relief, the court must give preclusive effect to the arbitral tribunal’s factual findings, including the probable validity of the claim, if the interim award is consistent with public policy.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.94. In considering a request for interim relief, the court shall give preclusive effect to any and all findings of fact of the arbitral tribunal including the probable validity of the claim which is the subject of the award for interim relief and which the arbitral tribunal has previously granted in the proceeding in question, provided that such interim award is consistent with public policy. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
  7. 1297.95.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. )

    Verify source ↗

    The court cannot treat the arbitral tribunal’s jurisdiction findings as preclusive until the court independently decides the tribunal’s jurisdiction.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.3. ARBITRATION AND CONCILIATION OF INTERNATIONAL COMMERCIAL DISPUTES [1297.11 - 1297.432] ( Title 9.3 added by Stats. 1988, Ch. 23, Sec. 1. ) ## CHAPTER 2. Arbitration Agreements and Judicial Measures in Aid of Arbitration [1297.71 - 1297.95] ( Chapter 2 added by Stats. 1988, Ch. 23, Sec. 1. ) ## ARTICLE 3. Court-Ordered Interim Measures [1297.90 - 1297.95] ( Heading of Article 3 amended by Stats. 2024, Ch. 90, Sec. 5. ) ## 1297.95. Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal’s findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim measures of relief shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceeding. (Added by Stats. 1988, Ch. 23, Sec. 1. Effective March 7, 1988.)
  8. 1298.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. )

    Verify source ↗

    Certain real estate contracts with binding arbitration clauses must label the clause “ARBITRATION OF DISPUTES” and use specified formatting; the section also preserves court authority and an escrowholder’s interpleader right.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. ) ## 1298. (a) Whenever any contract to convey real property, or contemplated to convey real property in the future, including marketing contracts, deposit receipts, real property sales contracts as defined in Section 2985 of the Civil Code, leases together with options to purchase, or ground leases coupled with improvements, but not including powers of sale contained in deeds of trust or mortgages, contains a provision for binding arbitration of any dispute between the principals in the transaction, the contract shall have that provision clearly titled “ARBITRATION OF DISPUTES.” If a provision for binding arbitration is included in a printed contract, it shall be set out in at least 8-point bold type or in contrasting red in at least 8-point type, and if the provision is included in a typed contract, it shall be set out in capital letters. (b) Whenever any contract or agreement between principals and agents in real property sales transactions, including, but not limited to, listing agreements, as defined in Section 1086 of the Civil Code, and buyer-broker representation agreements, as defined in Section 2079.13 of the Civil Code, contains a provision requiring binding arbitration of any dispute between the principals and agents in the transaction, the contract or agreement shall have that provision clearly titled “ARBITRATION OF DISPUTES.” If a provision for binding arbitration is included in a printed contract, it shall be set out in at least 8-point bold type or in contrasting red in at least 8-point type, and if the provision is included in a typed contract, it shall be set out in capital letters. (c) Immediately before the line or space provided for the parties to indicate their assent or nonassent to the arbitration provision described in subdivision (a) or (b), and immediately following that arbitration provision, the following shall appear: “NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‛ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” If the above provision is included in a printed contract, it shall be set out either in at least 10-point bold type or in contrasting red print in at least 8-point bold type, and if the provision is included in a typed contract, it shall be set out in capital letters. (d) Nothing in this section shall be construed to diminish the authority of any court of competent jurisdiction with respect to real property transactions in areas involving court supervision or jurisdiction, including, but not limited to, probate, marital dissolution, foreclosure of liens, unlawful detainer, or eminent domain. (e) In the event an arbitration provision is contained in an escrow instruction, it shall not preclude the right of an escrowholder to institute an interpleader action. (Amended by Stats. 2024, Ch. 516, Sec. 6. (AB 2992) Effective January 1, 2025.)
  9. 1298.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. )

    Verify source ↗

    If a party records a notice of pending action under Section 409 and also asks the court to stay the action for arbitration, that party does not waive arbitration-related rights.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. ) ## 1298.5. Any party to an action who proceeds to record a notice of pending action pursuant to Section 409 shall not thereby waive any right of arbitration which that person may have pursuant to a written agreement to arbitrate, nor any right to petition the court to compel arbitration pursuant to Section 1281.2, if, in filing an action to record that notice, the party at the same time presents to the court an application that the action be stayed pending the arbitration of any dispute which is claimed to be arbitrable and which is relevant to the action. (Added by Stats. 1988, Ch. 881, Sec. 1. Operative July 1, 1989, by Section 1298.8.)
  10. 1298.7.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. )

    Verify source ↗

    An arbitration clause in a contract covered by this title cannot be used to block or limit certain claims for bodily injury, wrongful death, or claims covered by Sections 337.1 or 337.15.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. ) ## 1298.7. In the event an arbitration provision is included in a contract or agreement covered by this title, it shall not preclude or limit any right of action for bodily injury or wrongful death, or any right of action to which Section 337.1 or 337.15 is applicable. (Added by Stats. 1988, Ch. 881, Sec. 1. Operative July 1, 1989, by Section 1298.8.)
  11. 1298.8.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. )

    Verify source ↗

    This title becomes operative on July 1, 1989, and applies only to contracts or agreements entered into on or after that date.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.4. REAL ESTATE CONTRACT ARBITRATION [1298 - 1298.8] ( Heading of Title 9.4 renumbered from Title 9.3 (as added by Stats. 1988, Ch. 881) by Stats. 2007, Ch. 130, Sec. 38. ) ## 1298.8. This title shall become operative on July 1, 1989, and shall only apply to contracts or agreements entered into on or after that date. (Added by Stats. 1988, Ch. 881, Sec. 1. Note: This section delayed the initial operation of Title 9.3 (now numbered 9.4), commencing with Section 1298.)
  12. 1299.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    This section says the title is meant to resolve impasses in collective bargaining for firefighter and law enforcement officer labor disputes, and not to change bargaining scope or disciplinary grievance procedures.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299. The Legislature hereby finds and declares that strikes taken by firefighters and law enforcement officers against public employers are a matter of statewide concern, are a predictable consequence of labor strife and poor morale that is often the outgrowth of substandard wages and benefits, and are not in the public interest. The Legislature further finds and declares that the dispute resolution procedures contained in this title provide the appropriate method for resolving public sector labor disputes that could otherwise lead to strikes by firefighters or law enforcement officers. It is the intent of the Legislature to protect the health and welfare of the public by providing impasse remedies necessary to afford public employers the opportunity to safely alleviate the effects of labor strife that would otherwise lead to strikes by firefighters and law enforcement officers. It is further the intent of the Legislature that, in order to effectuate its predominant purpose, this title be construed to apply broadly to all public employers, including, but not limited to, charter cities, counties, and cities and counties in this state. It is not the intent of the Legislature to alter the scope of issues subject to collective bargaining between public employers and employee organizations representing firefighters or law enforcement officers. The provisions of this title are intended by the Legislature to govern the resolution of impasses reached in collective bargaining between public employers and employee organizations representing firefighters and law enforcement officers over economic issues that remain in dispute over their respective interests. However, the provisions of this title are not intended by the Legislature to be used as a procedure to determine the rights of any firefighter or law enforcement officer in any grievance initiated as a result of a disciplinary action taken by any public employer. The Legislature further intends that this title shall not apply to any law enforcement policy that pertains to how law enforcement officers interact with members of the public or pertains to police-community relations, such as policies on the use of police powers, enforcement priorities and practices, or supervision, oversight, and accountability covering officer behavior toward members of the public, to any community-oriented policing policy or to any process employed by an employer to investigate firefighter or law enforcement officer behavior that could lead to discipline against any firefighter or law enforcement officer, nor to contravene any provision of a charter that governs an employer that is a city, county, or city and county, which provision prescribes a procedure for the imposition of any disciplinary action taken against a firefighter or law enforcement officer. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  13. 1299.2.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    This title applies to all employers of firefighters and law enforcement officers.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.2. This title shall apply to all employers of firefighters and law enforcement officers. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  14. 1299.3.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    This section defines key terms for firefighter and law enforcement officer arbitration, including employee, employer, local agency, firefighter, law enforcement officer, and scope of arbitration.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.3. As used in this title: (a) “Employee” means any firefighter or law enforcement officer represented by an employee organization, as defined in subdivision (b). (b) “Employee organization” means any organization recognized by the employer for the purpose of representing firefighters or law enforcement officers in matters relating to wages, hours, and other terms and conditions of employment within the scope of arbitration. (c) “Employer” means any local agency employing employees, as defined in subdivision (a), or any entity, except the State of California, acting as an agent of any local agency, either directly or indirectly. (d) “Firefighter” means any person who is employed to perform firefighting, fire prevention, fire training, hazardous materials response, emergency medical services, fire or arson investigation, or any related duties, without respect to the rank, job title, or job assignment of that person. (e) “Law enforcement officer” means any person who is a peace officer, as defined in Section 830.1 of, subdivisions (b) and (d) of Section 830.31 of, subdivisions (a), (b), and (c) of Section 830.32 of, subdivisions (a), (b), and (d) of Section 830.33 of, subdivisions (a) and (b) of Section 830.35 of, subdivision (a) of Section 830.5 of, and subdivision (a) of Section 830.55 of, the Penal Code, without respect to the rank, job title, or job assignment of that person. (f) “Local agency” means any governmental subdivision, district, public and quasi-public corporation, joint powers agency, public agency or public service corporation, town, city, county, city and county, or municipal corporation, whether incorporated or not or whether chartered or not. (g) “Scope of arbitration” means economic issues, including salaries, wages and overtime pay, health and pension benefits, vacation and other leave, reimbursements, incentives, differentials, and all other forms of remuneration. The scope of arbitration shall not include any issue that is protected by what is commonly referred to as the “management rights” clause contained in Section 3504 of the Government Code. Notwithstanding the foregoing, any employer that is not exempt under Section 1299.9 may supersede this subdivision by adoption of an ordinance that establishes a broader definition of “scope of arbitration.” (Amended by Stats. 2002, Ch. 664, Sec. 52. Effective January 1, 2003.)
  15. 1299.4.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    This section sets out how the parties must form an arbitration panel for a firefighter or law enforcement labor dispute, and it prohibits certain strikes and employer interference.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.4. (a) If an impasse has been declared after the parties have exhausted their mutual efforts to reach agreement over matters within the scope of arbitration, and the parties are unable to agree to the appointment of a mediator, or if a mediator agreed to by the parties is unable to effect settlement of a dispute between the parties after his or her appointment, the employee organization may, by written notification to the employer, request that their differences be submitted to an arbitration panel. (b) Within three days after receipt of the written notification, each party shall designate a person to serve as its member of an arbitration panel. Within five days thereafter, or within additional periods to which they mutually agree, the two members of the arbitration panel appointed by the parties shall designate an impartial person with experience in labor and management dispute resolution to act as chairperson of the arbitration panel. (c) In the event that the parties are unable or unwilling to agree upon a third person to serve as chairperson, the two members of the arbitration panel shall jointly request from the American Arbitration Association a list of seven impartial and experienced persons who are familiar with matters of employer-employee relations. The two panel members may as an alternative, jointly request a list of seven names from the California State Mediation and Conciliation Service, or a list from either entity containing more or less than seven names, so long as the number requested is an odd number. If after five days of receipt of the list, the two panel members cannot agree on which of the listed persons shall serve as chairperson, they shall, within two days, alternately strike names from the list, with the first panel member to strike names being determined by lot. The last person whose name remains on the list shall be chairperson. (d) Employees as defined by this chapter shall not be permitted to engage in strikes that endanger public safety. (e) No employer shall interfere with, intimidate, restrain, coerce, or discriminate against an employee organization or employee because of an exercise of rights under this title. (f) No employer shall refuse to meet and confer or condition agreement upon a memorandum of understanding based upon an employee organization’s exercise of rights under this title. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  16. 1299.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    The arbitration panel must begin meeting with the parties and conduct hearings, inquiries, investigations, and related actions within 10 days after its establishment, unless the parties agree to more time. It may also subpoena witnesses, administer oaths, take testimony, and issue subpoenas for records and papers.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.5. (a) The arbitration panel shall, within 10 days after its establishment or any additional periods to which the parties agree, meet with the parties or their representatives, either jointly or separately, make inquiries and investigations, hold hearings, and take any other action including further mediation, that the arbitration panel deems appropriate. (b) For the purpose of its hearings, investigations, or inquiries, the arbitration panel may subpoena witnesses, administer oaths, take the testimony of any person, and issue subpoenas duces tecum to require the production and examination of any employer’s or employee organization’s records, books, or papers relating to any subject matter before the panel. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  17. 1299.6.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    In firefighter and law enforcement labor-dispute arbitration, the parties must submit last best settlement offers before the hearing, and the arbitration panel must decide the disputed issues within 30 days after the hearing, using the specified factors.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.6. (a) The arbitration panel shall direct that five days prior to the commencement of its hearings, each of the parties shall submit the last best offer of settlement as to each of the issues within the scope of arbitration, as defined in this title, made in bargaining as a proposal or counterproposal and not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section 1299.4. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall separately decide on each of the disputed issues submitted by selecting, without modification, the last best offer that most nearly complies with the applicable factors described in subdivision (c). This subdivision shall be applicable except as otherwise provided in subdivision (b). (b) Notwithstanding the terms of subdivision (a), the parties by mutual agreement may elect to submit as a package the last best offer of settlement made in bargaining as a proposal or counterproposal on those issues within the scope of arbitration, as defined in this title, not previously agreed to by the parties prior to any arbitration request made pursuant to subdivision (a) of Section 1299.4. The arbitration panel, within 30 days after the conclusion of the hearing, or any additional period to which the parties agree, shall decide on the disputed issues submitted by selecting, without modification, the last best offer package that most nearly complies with the applicable factors described in subdivision (c). (c) The arbitration panel, unless otherwise agreed to by the parties, shall limit its findings to issues within the scope of arbitration and shall base its findings, opinions, and decisions upon those factors traditionally taken into consideration in the determination of those matters within the scope of arbitration, including but not limited to the following factors, as applicable: (1) The stipulations of the parties. (2) The interest and welfare of the public. (3) The financial condition of the employer and its ability to meet the costs of the award. (4) The availability and sources of funds to defray the cost of any changes in matters within the scope of arbitration. (5) Comparison of matters within the scope of arbitration of other employees performing similar services in corresponding fire or law enforcement employment. (6) The average consumer prices for goods and services, commonly known as the Consumer Price Index. (7) The peculiarity of requirements of employment, including, but not limited to, mental, physical, and educational qualifications; job training and skills; and hazards of employment. (8) Changes in any of the foregoing that are traditionally taken into consideration in the determination of matters within the scope of arbitration. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  18. 1299.7.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    The arbitration panel must send the decision to the parties. The decision cannot be publicly disclosed or binding for five days after service, during which the parties may privately try to settle and may amend the decision by mutual agreement. After that period, the decision is publicly disclosed and is binding unless the governing body rejects it under subdivision (c).

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.7. (a) The arbitration panel shall mail or otherwise deliver a copy of the decision to the parties. However, the decision of the arbitration panel shall not be publicly disclosed, and shall not be binding, for a period of five days after service to the parties. During that five-day period, the parties may meet privately, attempt to resolve their differences and, by mutual agreement, amend or modify the decision of the arbitration panel. (b) At the conclusion of the five-day period, which may be extended by the parties, the arbitration panel’s decision, as may be amended or modified by the parties pursuant to subdivision (a), shall be publicly disclosed and, unless the governing body acts in accordance with subdivision (c), shall be binding on all parties, and, if specified by the arbitration panel, be incorporated into and made a part of any existing memorandum of understanding as defined in Section 3505.1 of the Government Code. (c) The employer may by unanimous vote of all the members of the governing body reject the decision of the arbitration panel, except as specifically provided to the contrary in a city, county, or city and county charter with respect to the rejection of an arbitration award. (Amended by Stats. 2003, Ch. 877, Sec. 1. Effective January 1, 2004.)
  19. 1299.8.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    Title 9 applies to arbitration proceedings under this title unless this title provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.8. Unless otherwise provided in this title, Title 9 (commencing with Section 1280) shall be applicable to any arbitration proceeding undertaken pursuant to this title. (Added by Stats. 2000, Ch. 906, Sec. 2. Effective January 1, 2001.)
  20. 1299.9.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. )

    Verify source ↗

    This section exempts certain charter cities and counties from the title, and says arbitration costs are generally paid by the employee organization unless the parties agree otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9.5. ARBITRATION OF FIREFIGHTER AND LAW ENFORCEMENT OFFICER LABOR DISPUTES [1299 - 1299.9] ( Title 9.5 added by Stats. 2000, Ch. 906, Sec. 2. ) ## 1299.9. (a) The provisions of this title shall not apply to any employer that is a city, county, or city and county, governed by a charter that was amended prior to January 1, 2004, to incorporate a procedure requiring the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel for final and binding determination, provided however that the charter amendment is not subsequently repealed or amended in a form that would no longer require the submission of all unresolved disputes relating to wages, hours, and other terms and conditions of employment within the scope of arbitration to an impartial and experienced neutral person or panel, for final and binding determination. (b) Unless otherwise agreed to by the parties, the costs of the arbitration proceeding and the expenses of the arbitration panel, except those of the employer representative, shall be borne by the employee organization. (Amended by Stats. 2003, Ch. 877, Sec. 2. Effective January 1, 2004.)
  21. 12a

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    If the last day to do an act required by law falls on a holiday, the deadline extends to the next day that is not a holiday.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 12a. (a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays. (b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation. (Amended by Stats. 2007, Ch. 263, Sec. 3. Effective January 1, 2008.)
  22. 12b

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    If certain public offices are closed for the entire day, that day counts as a holiday when computing time under Sections 12 and 12a.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 12b. If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a. (Added by Stats. 1951, Ch. 655.)
  23. 12c

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    This section says deadlines measured backward from a hearing date are counted by counting back from the hearing date, and extra service-related days are counted back from that computed day.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 12c. (a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12. (b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a). (Added by Stats. 2010, Ch. 41, Sec. 1. (AB 2119) Effective January 1, 2011.)
  24. 13.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    If a secular act due on a holiday is not a work of necessity or mercy, it may be done on the next business day with the same legal effect.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 13. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed. (Enacted 1872.)
  25. 130.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    This section requires certain autopsy reports and related evidence to be sealed and not disclosed when a qualifying child-homicide case and family request are present, with limited permitted disclosures.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. ) ## 130. (a) Subject to the provisions of this section, when a child who is under 18 years of age is killed as a result of a criminal act and a person has been convicted and sentenced for the commission of that criminal act, or a person has been found to have committed that offense by the juvenile court and adjudged a ward of the juvenile court, upon the request of a qualifying family member of the deceased child, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency, as defined in Section 7920.525 of the Government Code, shall be sealed and not disclosed, except that an autopsy report and evidence associated with the examination of the victim that has been sealed pursuant to this section may be disclosed, as follows: (1) To law enforcement, prosecutorial agencies and experts hired by those agencies, public social service agencies, child death review teams, or the hospital that treated the child immediately prior to death, to be used solely for investigative, prosecutorial, or review purposes, and may not be disseminated further. (2) To the defendant and the defense team in the course of criminal proceedings or related habeas proceedings, to be used solely for investigative, criminal defense, and review purposes, including review for the purpose of initiating any criminal proceeding or related habeas proceeding, and may not be disseminated further. The “defense team” includes, but is not limited to, all of the following: attorneys, investigators, experts, paralegals, support staff, interns, students, and state and privately funded legal assistance projects hired or consulted for the purposes of investigation, defense, appeal, or writ of habeas corpus on behalf of the person accused of killing the deceased child victim. (3) To civil litigants in a cause of action related to the victim’s death with a court order upon a showing of good cause and proper notice under Section 129, to be used solely to pursue the cause of action, and may not be disseminated further. (b) Nothing in this section shall prohibit the use of autopsy reports and evidence in relation to court proceedings. (c) Nothing in this section shall abrogate the rights of victims, their authorized representatives, or insurance carriers to request the release of information pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. However, if a seal has been requested, an insurance carrier receiving items pursuant to a request under that article is prohibited from disclosing the requested items except as necessary in the normal course of business. An insurance carrier shall not, under any circumstances, disclose to the general public items received pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code. (d) This section may not be invoked by a qualifying family member who has been charged with or convicted of any act in furtherance of the victim’s death. Upon the filing of those charges against a qualifying family member, any seal maintained at the request of that qualifying family member under this section shall be removed. (e) A coroner or medical examiner shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this section. (f) If sealing of the autopsy report has been requested by a qualifying family member and another qualifying family member opposes sealing, the opposing party may request a hearing in the superior court in the county with jurisdiction over the crime leading to the child’s death for a determination of whether the sealing should be maintained. The opposing party shall notify all other qualifying family members, the medical examiner’s office that conducted the autopsy, and the district attorney’s office with jurisdiction over the crime at least 10 court days in advance of the hearing. At the hearing, the court shall consider the interests of all qualifying family members, the protection of the memory of the deceased child, any evidence that the qualifying family member requesting the seal was involved in the crime that resulted in the death of the child, the public interest in scrutiny of the autopsy report or the performance of the medical examiner, any impact that unsealing would have on pending investigations or pending litigation, and any other relevant factors. Official information in the possession of a public agency necessary to the determination of the hearing shall be received in camera upon a proper showing. In its discretion, the court may, to the extent allowable by law and with good cause shown, restrict the dissemination of an autopsy report or evidence associated with the examination of a victim. This section shall not apply if a public agency has independently determined that the autopsy report may not be disclosed pursuant to Article 1 (commencing with Section 7923.600) of Chapter 1 of Part 5 of Division 10 of Title 1 of the Government Code because it is an investigative file. In that instance, nothing in this section shall preclude the application of Part 5 (commencing with Section 7923.000) of Division 10 of Title 1 of the Government Code. (g) If a seal has been maintained pursuant to this section, a qualifying family member, or a biological or adoptive aunt, uncle, sibling, first cousin, child, or grandparent of the deceased child may request that the seal be removed. The request to remove the seal shall be adjudicated pursuant to subdivision (f), with the party requesting the removal of the seal being the opposing party. (h) Nothing in this section shall limit the public access to information contained in the death certificate including: name, age, gender, race, date, time and location of death, the name of a physician reporting a death in a hospital, the name of the certifying pathologist, date of certification, burial information, and cause of death. (i) When a medical examiner declines a request to provide a copy of an autopsy report that has been sealed pursuant to this section, the examiner shall cite this section as the reason for declining to provide a copy of the report. (j) For purposes of this section: (1) A “child who is under 18 years of age” does not include any child who comes within either of the following descriptions: (A) The child was a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code at the time of the child’s death, or, pursuant to subdivision (b) of Section 10850.4 of the Welfare and Institutions Code, abuse or neglect is determined to have led to the child’s death. (B) The child was residing in a state or county juvenile facility, or a private facility under contract with the state or county for the placement of juveniles, as a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code at the time of the child’s death. (2) “Evidence associated with the examination of a victim” means any object, writing, diagram, recording, computer file, photograph, video, DVD, CD, film, digital device, or other item that was collected during, or serves to document, the autopsy of a deceased child. (3) “Qualifying family member” means the biological or adoptive parent, spouse, or legal guardian. (k) Nothing in this section shall limit the discovery provisions set forth in Chapter 10 (commencing with Section 1054) of Title 6 of the Penal Code. (l) Nothing in this section shall be construed to limit the authority of the court to seal records or restrict the dissemination of an autopsy report or evidence associated with the examination of a victim under case law, other statutory law, or the rules of court. (m) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2021, Ch. 615, Sec. 55. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  26. 1300.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Definitions [1300 - 1301] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section defines key terms used in the unclaimed property title, including property, unclaimed property, escheat, permanent escheat, Controller, Treasurer, and corporate domicile.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Definitions [1300 - 1301] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1300. For the purposes of this title, the following definitions shall apply: (a) “Property,” unless specifically qualified, includes all classes of property, real, personal and mixed. (b) “Unclaimed property,” unless specifically qualified, means all property (1) which is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (2) which, under any provision of law, will become unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (3) to the possession of which the state is or will become entitled, if not claimed by the person or persons entitled thereto within the time allowed by law, whether or not there has been a judicial determination that such property is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state. (c) “Escheat,” unless specifically qualified, means the vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, whether by judicial determination or by operation of law, subject to the right of claimants to appear and claim the escheated property or any portion thereof. When used in reference to the law of another state, “escheat” includes the transfer to the state of the right to the custody of such property. (d) “Permanent escheat” means the absolute vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, pursuant to judicial determination, pursuant to a proceeding of escheat as provided by Chapter 5 (commencing with Section 1410) of this title, or pursuant to operation of law, and the barring of all claims to the property by the former owner thereof or his successors. (e) “Controller” means the State Controller. (f) “Treasurer” means the State Treasurer. (g) “Domicile,” in the case of a corporation, refers to the place where the corporation is incorporated. (Amended by Stats. 1968, Ch. 356.)
  27. 1301.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Definitions [1300 - 1301] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section defines what section, article, and chapter references mean in this title, unless the text says otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Definitions [1300 - 1301] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1301. For the purposes of this title, unless otherwise specified, (1) a reference to a section refers to a section of this code; (2) a reference to an article refers to an article of the chapter of this title in which such reference is made; and (3) a reference to a chapter refers to a chapter of this title. (Added by Stats. 1951, Ch. 1708.)
  28. 1305.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Purpose and Scope [1305 - 1306] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section states the purpose of the title: to handle certain unclaimed property, including receiving, holding, investing, managing, disposing of, and escheating it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Purpose and Scope [1305 - 1306] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1305. It is the purpose of this title to provide for the receipt, custody, investment, management, disposal, escheat and permanent escheat of various classes of unclaimed property, to the possession of which the State is, or may become, entitled under the provisions of this title or under other provision of law. (Added by Stats. 1951, Ch. 1708.)
  29. 1306.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Purpose and Scope [1305 - 1306] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section says the title does not apply to certain property held by the State or its officers as trustee or bailee under an express contract.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 1. General Provisions [1300 - 1306] ( Chapter 1 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Purpose and Scope [1305 - 1306] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1306. The provisions of this title do not apply to money or other property held by the State or any officer thereof as trustee or bailee under the terms of an express contract to which the State or any officer thereof is a party. (Added by Stats. 1951, Ch. 1708.)
  30. 1310.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If unclaimed money or other unclaimed property must be paid into the State Treasury, the responsible person must send cash to the Treasurer and non-cash personal property to the Controller for deposit in the State Treasury.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1310. Whenever, under the provisions of this title or under any other provision of law, unclaimed money or other unclaimed property is payable into the State Treasury, the person responsible for making such payment shall, if it is cash, transmit it to the Treasurer, and if it is personal property other than cash, transmit it to the Controller for deposit in the State Treasury. (Added by Stats. 1951, Ch. 1708.)
  31. 1311.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A person sending money or other property to the Treasurer or Controller must give the Controller written notice at the time of the transfer.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1311. Any person transmitting money or other property to the Treasurer or Controller under the provisions of this title shall, at the time of such transmittal, furnish written notice thereof to the Controller, setting forth the amount of cash transmitted, the nature and description of the personal property other than cash transmitted, the name and last known address of the person entitled to such property or for whose benefit such property is transmitted, a reference to the specific statutory provision under which such property is transmitted, and if such property represents the proceeds of an estate of a decedent, or an unclaimed amount payable pursuant to an allowed and approved claim against such an estate, the name of the decedent, the county and court in which probate or escheat proceedings, if any, were held, the number of the action, if any; and, in the case of all classes of property so transmitted, such other identifying information available from the records of the person making such transmittal, as the Controller may require. (Added by Stats. 1951, Ch. 1708.)
  32. 1312.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    When money or other property is paid to the State or an officer under this title, the person sending it to the Treasurer or Controller must give the Controller certified copies of the relevant court orders or decrees at the time of transmittal.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1312. Whenever money or other property is paid to the State or any officer or employee thereof under the provisions of this title, and such money or other property has been covered by a decree of distribution in a decedent’s estate, or by an order or decree of a court ordering such payment or adjudging that title to such property has vested in the State, the person transmitting such money or other property to the Treasurer or Controller shall, at the time of such transmittal, furnish to the Controller a certified copy of each court order or decree, and of each court order correcting or amending the same, covering such money or other property. (Added by Stats. 1951, Ch. 1708.)
  33. 1313.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Creates the Unclaimed Property Fund in the State Treasury and requires covered money and property to be deposited into it on the Controller’s order, with an exception for permanently escheated items.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1313. A fund is hereby created in the State Treasury, to be known as the Unclaimed Property Fund. All money, except permanently escheated money, paid to the state or any officer or employee thereof for deposit in the State Treasury under the provisions of this title shall, on order of the Controller, be deposited in the Unclaimed Property Fund. All property other than money, including the proceeds from the sale or other disposition thereof, except permanently escheated property received by, or coming into the possession of, the state or any officer or employee thereof under the provisions of this title shall, on order of the Controller, be deposited in the State Treasury to be held in the Unclaimed Property Fund. (Amended by Stats. 1978, Ch. 1183.)
  34. 1314.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must keep separate accounts in the Unclaimed Property Fund and account for covered property under this title; the Treasurer must hold certain personal property in the same account.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1314. The Controller shall maintain a separate account in the Unclaimed Property Fund covering the accountability for money deposited in the Unclaimed Property Fund under each article of Chapter 6. All real and personal property distributed to the State or delivered into the possession of the State or any officer or employee thereof under the provisions of this title, shall be accounted for by the Controller in the name of the account in the Unclaimed Property Fund to which the proceeds thereof, if converted into cash, would be credited under the provisions of this title. All personal property deposited in the State Treasury under the provisions of this title shall be held by the Treasurer in the name of the same account in the Unclaimed Property Fund for which such property is accounted by the Controller, as herein provided. (Added by Stats. 1951, Ch. 1708.)
  35. 1315.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    When unclaimed estate money or property is received by the State or its officers and deposited in the State Treasury, the Controller must record it on the books for the estate.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1315. If unclaimed money or other property in an estate of a deceased person, or if any unclaimed amount payable pursuant to an allowed and approved claim against such an estate, is received by the State or any officer or employee thereof and deposited in the State Treasury under the provisions of this title, it shall be recorded on the books of the Controller to the credit, or in the name, of such estate, for the benefit of the person entitled thereto or his successors in interest. (Added by Stats. 1951, Ch. 1708.)
  36. 1316.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    When unclaimed money or property is deposited in the State Treasury for certain known beneficiaries, the Controller must record it in the beneficiaries’ credit or name.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1316. If unclaimed money or other property is received by the State or any officer or employee thereof and deposited in the State Treasury under the provisions of this title for the benefit of known heirs, devisees, legatees or creditors of an estate of a deceased person, or for the benefit of known claimants, payees, or other persons entitled thereto, it shall be recorded on the books of the Controller to the credit, or in the name, of such heirs, devisees, legatees, creditors, claimants, payees, or other persons entitled thereto. (Added by Stats. 1951, Ch. 1708.)
  37. 1317.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may order the transfer of canceled-warrant amounts credited to the Unclaimed Property Fund to the General Fund.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1317. The amount of each canceled warrant credited to the Unclaimed Property Fund under the provisions of Section 17072 of the Government Code shall, on order of the Controller, be transferred to the General Fund. (Amended by Stats. 1978, Ch. 1183.)
  38. 1318.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Interest and other income earned from investing money in the Unclaimed Property Fund must be deposited into the General Fund when the Controller orders it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1318. All interest received and other income derived from the investment of moneys in the Unclaimed Property Fund, as provided in Section 13470 of the Government Code, shall, on order of the Controller, be deposited in the General Fund. (Amended by Stats. 1978, Ch. 1183.)
  39. 1319.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Income from property in the Unclaimed Property Fund must be deposited there on the Controller’s order, credited to the proper account, and kept for the benefit of the entitled owner or successors.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1319. Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property received and held by the State in the name of the Unclaimed Property Fund under the provisions of this title shall, on order of the Controller, be deposited in the Unclaimed Property Fund, and shall be credited by the Controller to the account maintained by him, in the name of which such property is accounted, as provided in Chapter 2. Any moneys deposited in the Unclaimed Property Fund under the provisions of this section shall be held for the benefit of the person or persons entitled to the property from which such moneys were derived, or their successors in interest; and shall be subject to claim in the same manner as such property may be claimed; but the period in which such moneys shall be available for claim by and payment to the person or persons entitled thereto shall not extend beyond the period in which the property from which such moneys were derived is available for claim and payment under the provisions of this title. (Added by Stats. 1951, Ch. 1708.)
  40. 1320.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Money earned from property that has permanently escheated to the state must be deposited in the General Fund when the Controller orders it, unless Section 1318 provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1320. Except as otherwise provided in Section 1318, all rents, interest, dividends or other income or increment derived from real or personal property that has permanently escheated to the state, shall, on order of the Controller, be deposited in the General Fund. All moneys deposited in the General Fund under the provisions of this section shall be deemed to have permanently escheated to the state as of the date of permanent escheat of the property from which such moneys were derived. (Amended by Stats. 1978, Ch. 1183.)
  41. 1321.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If unclaimed money or property is delivered to the Treasurer or Controller, the deliverer is protected from claims about that property, and no lawsuit may be maintained against the holder or the holder’s agent for recovery or damages tied to that delivery.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Deposit of Unclaimed Property [1310 - 1321] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1321. Any person delivering money or other property to the Treasurer or Controller under the provisions of this title shall, upon such delivery, be relieved and held harmless by the State from all or any claim or claims which exist at that time with reference to such money or other property, or which may thereafter be made, or which may come into existence, on account of, or in respect to, such money or other property. No action shall be maintained against any person who is the holder of such money or other property, nor against any officer as agent thereof, for: (a) The recovery of such money or other property delivered to the Treasurer or Controller pursuant to this title, or for interest thereon subsequent to the date of the report thereof, if any, to the Controller; or (b) Damages alleged to have resulted from such delivery to the Treasurer or Controller. No owner of money or other property shall be entitled to receive interest thereon or with respect thereto from and after the date on which a report of such money or other property is made to the Controller pursuant to any provision of this title, whether or not he was entitled to such interest prior to such report. As used in this section, “person” and “holder” have the respective meanings set forth in Section 1461 of this code. (Added by Stats. 1953, Ch. 279.)
  42. 1325.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Appropriation [1325- 1325.] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Money in the Unclaimed Property Fund is continuously appropriated to the Controller for specified uses.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 2. Receipt and Expenditure of Funds [1310 - 1325] ( Chapter 2 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Appropriation [1325- 1325.] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1325. Notwithstanding Section 13340 of the Government Code, all money in the Unclaimed Property Fund is hereby continuously appropriated to the Controller, without regard to fiscal years, for expenditure for any of the following purposes: (a) For refund, to the person making such deposit, of amounts, including overpayments, deposited in error in such fund. (b) For payment of the cost of title searches and appraisals incurred by the Controller covering real or personal property held in the name of an account in such fund. (c) For payment of the cost incurred by the Controller covering indemnity bonds required in order to have duplicate certificates of ownership issued in order to replace lost certificates, covering personal property held in the name of an account in such fund. (d) For payment of amounts required to be paid by the state as trustee, bailee, or successor in interest to the preceding owner, pursuant to the provisions of trust deeds, mortgages, or other liens on real property held in the name of an account in such fund. (e) For payment of costs incurred by the Controller for the repair, maintenance and upkeep of real and personal property held in the name of an account in such fund. (f) For payment of costs of official advertising in connection with the sale of real or personal property held in the name of an account in such fund. (g) For payment to taxing agencies of the amounts deducted by the Controller from allowed and approved claims, in accordance with the provisions of subdivision (c) of Section 4986.5 of the Revenue and Taxation Code. (h) For transfer to the Inheritance Tax Fund, on order of the Controller, of the amount of any inheritance taxes determined to be due and payable to the state by any claimant, with respect to any real or personal property, including cash, claimed by that person under the provisions of this title. (i) For payment and delivery to claimants of money or other property held to the credit, or in the name, of an account in such fund, under the provisions of this title. (j) For transfer to the General Fund, on order of the Controller, of any money or other property in the Unclaimed Property Fund which becomes permanently escheated to the state under the provisions of this title. Any expenditure made by the Controller pursuant to the provisions of this section shall be charged against any balance credited to the particular account in the Unclaimed Property Fund, in the name of which is held the real or personal property for which the expenditure is made; and if sufficient balance is not available in such account, the expenditure may be made from any appropriation from the General Fund for the support of the Controller, or, in the case of official advertising, from any appropriation available therefor, to be reimbursed from the proceeds of any subsequent sale of the property for which such expenditure is made. (Amended by Stats. 1993, Ch. 692, Sec. 1. Effective January 1, 1994.)
  43. 133.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. )

    Verify source ↗

    Courts of justice may be held and judicial business transacted on any day, except as this article otherwise provides.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. ) ## 133. Courts of justice may be held and judicial business transacted on any day, except as provided in this article. (Repealed and added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.)
  44. 1335.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General [1335- 1335.] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If payment or delivery has already been made to one claimant under this chapter, no other claimant may later sue the State or its officers over that property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General [1335- 1335.] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1335. When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be maintained by any other claimant against the State or any officer thereof for or on account of such property. (Added by Stats. 1951, Ch. 1708.)
  45. 134.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. )

    Verify source ↗

    Courts are generally closed for judicial business on judicial holidays, with specific exceptions and special rules for some filings and superior courts.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. ) ## 134. (a) Except as provided in subdivision (c), the courts shall be closed for the transaction of judicial business on judicial holidays for all but the following purposes: (1) To give, upon their request, instructions to a jury when deliberating on their verdict. (2) To receive a verdict or discharge a jury. (3) For the conduct of arraignments and the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature. (4) For the conduct of Saturday small claims court sessions pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing with Section 116.110). (b) Injunctions and writs of prohibition may be issued and served on any day. (c) In any superior court, one or more departments of the court may remain open and in session for the transaction of any business that may come before the department in the exercise of the civil or criminal jurisdiction of the court, or both, on a judicial holiday or at any hours of the day or night, or both, as the judges of the court prescribe. (d) The fact that a court is open on a judicial holiday shall not make that day a nonholiday for purposes of computing the time required for the conduct of any proceeding nor for the performance of any act. Any paper lodged with the court at a time when the court is open pursuant to subdivision (c), shall be filed by the court on the next day that is not a judicial holiday, if the document meets appropriate criteria for filing. (Amended by Stats. 2002, Ch. 784, Sec. 33. Effective January 1, 2003.)
  46. 1345.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If someone mistakenly sent unclaimed money or property to the state, it may be refunded or returned by order of the Controller.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1345. If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys or other property is deposited in the Unclaimed Property Fund or is held by the Controller or Treasurer in the name of any account in that fund pursuant to this title, the moneys or other property delivered in error may be refunded or returned to that person on order of the Controller. (Amended by Stats. 2016, Ch. 31, Sec. 11. (SB 836) Effective June 27, 2016.)
  47. 1346.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If someone mistakenly delivered unclaimed money or property to the state, the Controller may order it transferred out of the General Fund and may order it refunded or returned.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1346. If any person has erroneously delivered any unclaimed moneys or other unclaimed property to the state or any officer or employee thereof, and the moneys or other property is deposited in, or transferred to, the General Fund, or is held by the Controller or Treasurer in the name of that fund, pursuant to this title, the moneys or other property delivered in error, if cash, shall on order of the Controller, be transferred from the General Fund to the Unclaimed Property Fund, and, if other than cash, the records of the Controller and Treasurer shall be adjusted to show that it is held in the name of the proper account in the Unclaimed Property Fund; and the moneys or other property may be refunded or returned to that person on order of the Controller. (Amended by Stats. 2016, Ch. 31, Sec. 12. (SB 836) Effective June 27, 2016.)
  48. 1347.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If property moved to the General Fund is later found not to be permanently escheated, cash must be sent back to the Unclaimed Property Fund and non-cash property records must be corrected.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Refund of Erroneous Receipts [1345 - 1347] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1347. Whenever money deposited in the Unclaimed Property Fund is transferred to the General Fund under the provisions of this title, and whenever the records of the Controller and Treasurer covering property other than money held in the name of any account in the Unclaimed Property Fund are adjusted to record such property as held in the name of the General Fund, as permanently escheated property under the provisions of this title, if it is subsequently determined that such money or other property is not, in fact, permanently escheated, such money or other property, if cash, shall, on order of the Controller, be retransferred from the General Fund to the Unclaimed Property Fund; and, if the property is other than money, the records of the Controller and Treasurer shall be adjusted to show that it is held in the name and for the benefit of the proper account in the Unclaimed Property Fund. (Amended by Stats. 1978, Ch. 1183.)
  49. 135.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. )

    Verify source ↗

    This section defines judicial holidays and says court officers and employees must observe only those holidays. It also lets the Judicial Council set an alternative observance day when a judicial holiday falls on a weekend.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. ) ## 135. Every full day designated as a holiday by Section 6700 of the Government Code, including that Thursday of November declared by the President to be Thanksgiving Day, is a judicial holiday, except the date corresponding with the second new moon following the winter solstice, or the third new moon following the winter solstice should an intercalary month intervene, known as “Lunar New Year,” the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” April 24, known as “Genocide Remembrance Day,” September 9, known as “Admission Day,” the second Monday in October, known as “Columbus Day,” and any other day appointed by the President, but not by the Governor, for a public fast, thanksgiving, or holiday. If a judicial holiday falls on a Saturday or a Sunday, the Judicial Council may designate an alternative day for observance of the holiday. Every Saturday and the day after Thanksgiving Day are judicial holidays. Officers and employees of the courts shall observe only the judicial holidays established pursuant to this section. (Amended by Stats. 2025, Ch. 358, Sec. 2. (AB 268) Effective January 1, 2026.)
  50. 1350.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A person entitled to the property may claim money or property deposited in the State Treasury before it becomes permanently escheated, unless this title provides אחרת.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1350. Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title may be claimed by the person entitled thereto at any time prior to the date on which such money or other property has become permanently escheated, as provided by this title. (Added by Stats. 1951, Ch. 1708.)
  51. 1351.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Unclaimed money or property deposited in the State Treasury becomes State property by escheat if not claimed within five years, and the Controller can trigger State action to establish that title has vested in the State.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1351. Unless otherwise provided in this title, all money or other property deposited in the State Treasury under the provisions of this title, if not claimed by the person entitled thereto within five years from the date of such deposit, shall become the property of the State by escheat; and upon request by the Controller, the Attorney General shall commence a proceeding under the provisions of Section 1410, or, in lieu of such proceeding, the Controller may take action as provided by Article 2 of Chapter 5, to have it adjudged, determined or established that the title to such money or other property has vested in the State. (Added by Stats. 1951, Ch. 1708.)
  52. 1352.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Certain people may file a claim for unclaimed money or property with the Controller, and some may go to superior court if they dispute the Controller’s decision.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1352. (a) Whenever unclaimed money or other property is deposited in the State Treasury under this title, and, except as otherwise provided by law, whenever there is in the possession of the state or its officers any money or other property which is held for third persons or the title to which has vested in the state subject to the rights of third persons, and the period during which it may be claimed by a person entitled thereto has not terminated, the period and person being prescribed by law, if the value of the money or other property to which the claimant is entitled is less than sixty thousand dollars ($60,000), any such person may present his or her claim for it to the Controller. The claim shall be made in the form prescribed by the Controller, which shall set forth the information required by Section 1355 or any other information that the Controller may deem necessary to establish right or title to the money or other property in the claimant. (b) Property assigned or distributed to a name distributee may be claimed by the distributee himself or herself or his or her legal guardian or conservator, as provided in subdivision (a) regardless of the amount. This subdivision does not apply to the heirs or estate of a distributee, or to property distributed to the state for lack of known heirs. (c) Any person aggrieved by a decision of the Controller may commence an action, naming the Controller as a defendant, to establish his or her claim in the superior court in any county or city and county in which the Attorney General has an office pursuant to Section 1541. (Amended by Stats. 1990, Ch. 450, Sec. 1. Effective July 31, 1990.)
  53. 1353.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A person entitled to claimed money or property may petition the Superior Court of Sacramento County, but the petition must be verified and include required facts.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1353. Except as otherwise provided in Sections 401 or 1352, whenever money or other property is deposited in the State Treasury under the provisions of this title, and, except as otherwise provided by law, when there is in the possession of the State or its officers any money or other property which is to be held for third persons or the title to which has vested in the State subject to the rights of third persons, the Superior Court of the County of Sacramento shall have full and exclusive jurisdiction to determine the title to such money or other property and all claims thereto. If the period in which such money or other property may be claimed by a person entitled thereto has not terminated, such period and person being prescribed by law, any such person may file a petition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his claim or right to the money or other property or the proceeds thereof, or any portion thereof. The petition shall be verified, and, among other things, must, insofar as they are applicable or material to the matters at issue, state the facts required to be stated in a petition filed under Section 1355. If the money or other property at issue did not come into the possession of the State or its officers in connection with estates of deceased persons, the petition shall, in addition to the foregoing facts, state any material facts necessary to establish a prima facie right or title in the petitioner. Upon the filing of the petition, the same proceedings shall be had as are required in Section 1355. If, upon trial of the issues, the court is satisfied of the claimant’s right or title to the money or other property claimed, it shall grant him a certificate to that effect under its seal. Upon presentation of such certificate, the Controller shall draw his warrant on the Treasurer for the amount of money covered thereby; and if the certificate covers any property other than money, a certified copy of the certificate filed with the officer of the State having possession of the property shall serve as sufficient authority to the officer for the delivery of such property to the claimant. (Added by Stats. 1951, Ch. 1708.)
  54. 1354.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A claim for certain unclaimed property cannot be recovered unless there are qualifying heirs, legatees, or valid pre-death creditors.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1354. Whenever any claim is made or petition filed by the representative of an estate or other person, under the provisions of this chapter, or under any other provision of law, to recover money or other property deposited in the State Treasury or held by the State or any officer thereof to the credit, or in the name, of any account in the Unclaimed Property Fund, no recovery will be allowed unless it affirmatively appears that there are heirs or legatees who will receive such money or other property or creditors of the deceased owner of the claim whose claims are valid and are not barred, and whose claims were in existence prior to the death of such deceased owner of the claim. Where only creditors exist, and there are no heirs or legatees, said claims shall be allowed only to the extent necessary to pay such claims and the reasonable costs of administration of the estate, including court costs, administrator’s fees and attorney’s fees. This section shall apply to all claims which are pending at the time that this section goes into effect as well as to claims arising hereafter. (Added by Stats. 1951, Ch. 1708.)
  55. 1355.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A qualifying person may file a verified petition for money or property claims within five years, serve notice on the Attorney General and Controller, and comply with extra disclosure and recording rules when real property is involved.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 3. Payment of Claims [1335 - 1355] ( Chapter 3 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Claims [1350 - 1355] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1355. Within five years after date of entry of judgment in any proceeding had under the provisions of Chapter 5, or within five years after completion of notice by publication in an escheat action taken under the provisions of Section 1415, a person not a party or privy to such proceeding or action, if not otherwise barred, may file a petition in the Superior Court of the County of Sacramento, or as provided in Section 401, showing his claim or right to the money or other property, or the proceeds thereof. Said petition shall be verified; and, in a proceeding for the recovery by the petitioner as heir, devisee, or legatee, or the successor in interest of an heir, devisee or legatee, of money or other property received by the State from the estate of a decedent under the provisions of Article 1 of Chapter 6, such petition, among other things must state: The full name, and the place and date of birth of the decedent whose estate, or any part thereof, is claimed. The full name of such decedent’s father and the maiden name of his mother, the places and dates of their respective births, the place and date of their marriage, the full names of all children the issue of such marriage, with the date of birth of each, and the place and date of death of all children of such marriage who have died unmarried and without issue. Whether or not such decedent was ever married, and if so, where, when and to whom. How, when and where such marriage, if any, was dissolved. Whether or not said decedent was ever remarried, and, if so, where, when and to whom. The full names, and the dates and places of birth of all lineal descendants, if any, of said decedent; the dates and places of death of any thereof who died prior to the filing of such petition; and the places of residence of all who are then surviving, with the degree of relationship of each of such survivors to said decedent. Whether any of the brothers or sisters of such decedent every married, and, if so, where, when and whom. The full names, and the places and dates of birth of all children who are the issue of the marriage of any such brother or sister of the decedent, and the date and place of death of all deceased nephews and nieces of said decedent. Whether or not said decedent, if of foreign birth, ever became a naturalized citizen of the United States, and, if so, when, where, and by what court citizenship was conferred. The post-office names of the cities, towns or other places, each in its appropriate connection, wherein are preserved the records of the births, marriages and deaths hereinbefore enumerated, and, if known, the title of the public official or other person having custody of such records. The nationality of each of the heirs of the decedent. The street address of each of the heirs of the decedent. If, for any reason, the petitioner is unable to set forth any of the matters or things hereinbefore required, he shall clearly state such reason in his petition. At least 20 days before the hearing of the petition, a copy of the petition and notice of hearing must be served on the Attorney General and on the Controller, and the Attorney General may answer the same at his discretion. If such claim includes a claim to real property or any interest therein, the petitioner shall record in the office of the county recorder of the county in which the real property is situated, a notice of the pendency of the petition containing the object of the action and a description of the property in the county affected thereby. From the time of filing such notice for record only, shall a purchaser or encumbrancer of the property be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names. The court must thereupon try the issue as issues are tried in civil actions; and if it is determined that such person is entitled to the money or other property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him, or if it has been sold and the proceeds thereof paid into the State Treasury, it must order the Controller to draw his warrant on the Treasurer for the payment of the same, but without interest or cost to the State. A copy of such order, under the seal of the court, shall be a sufficient voucher for drawing such warrant. All persons who fail to appear and file their petitions within the time limited are forever barred; saving, however, to infants and persons of unsound mind, the right to appear and file their petitions at any time within the time limited, or within one year after their respective disabilities cease. (Amended by Stats. 1951, Ch. 1738.)
  56. 136.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. )

    Verify source ↗

    If a court day falls on a judicial holiday, it is treated as set for or adjourned to the next day.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 3. Judicial Holidays [133 - 136] ( Article 3 repealed and added by Stats. 1985, Ch. 1450, Sec. 2. ) ## 136. If a day appointed for the holding or sitting of a court, or to which it is adjourned, falls on a judicial holiday, it shall be deemed appointed for or adjourned to the next day. (Added by Stats. 1985, Ch. 1450, Sec. 2. Operative January 1, 1989, by Sec. 6 of Ch. 1450.)
  57. 1360.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General Provisions [1360 - 1361] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section defines “personal property,” “real property,” and “securities” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General Provisions [1360 - 1361] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1360. For the purposes of this chapter, the following definitions shall apply: (a) “Personal property” means personal property falling within the definition of “unclaimed property” under the provisions of this title; (b) “Real property” means real property falling within the definition of “unclaimed property” under the provisions of this title; (c) “Securities” includes stocks, bonds, notes, debentures, certificates of deposit, shares, and all other evidences of ownership or indebtedness, and all forms of chose in action and the interests in property represented thereby, falling within the definition of unclaimed property under the provisions of this title. (Added by Stats. 1951, Ch. 1708.)
  58. 1361.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General Provisions [1360 - 1361] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The State assumes care and custody of property delivered to the Treasurer or Controller under this title and must pay valid claims against it, after lawful deductions.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. General Provisions [1360 - 1361] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1361. The care and custody of all property delivered to the Treasurer or Controller pursuant to this title is assumed by the State for the benefit of those entitled thereto, and the State is responsible for the payment of all claims established thereto pursuant to law, less any lawful deductions. (Added by Stats. 1951, Ch. 1708.)
  59. 1365.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Powers of the Controller [1365- 1365.] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller has the powers needed to protect and preserve interests in unclaimed property, including authority to incur obligations authorized by Section 1325.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Powers of the Controller [1365- 1365.] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1365. In connection with all unclaimed property, the Controller has all of the powers necessary in order to safeguard and conserve the interests of all parties, including the State, having any vested or expectant interest in such unclaimed property. His powers include, but are not limited to, the authority to incur obligations the payment of which is authorized by the provisions of Section 1325. (Added by Stats. 1951, Ch. 1708.)
  60. 1370.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may sell or lease personal property, and may execute leases on behalf of the State of California.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1370. The Controller may sell or lease personal property at any time, and in any manner, and may execute those leases on behalf and in the name of the State of California. (Amended by Stats. 2016, Ch. 31, Sec. 13. (SB 836) Effective June 27, 2016.)
  61. 1371.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may dispose of certain property and claims if the Controller believes doing so is necessary to protect the interests of all interested parties, including the state.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1371. The Controller may sell, cash, redeem, exchange, or otherwise dispose of any securities and all other classes of personal property, and may sell, cash, redeem, exchange, compromise, adjust, settle, or otherwise dispose of any accounts, debts, contractual rights, or other choses in action if, in his or her opinion, that action on his or her part is necessary or will tend to safeguard and conserve the interests of all parties, including the state, having any vested or expectant interest in the property. (Amended by Stats. 2016, Ch. 31, Sec. 14. (SB 836) Effective June 27, 2016.)
  62. 1372.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may sign, endorse, or otherwise authenticate certain instruments for transactions authorized by this chapter, on behalf of the State.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1372. The Controller may sign, endorse, or otherwise authenticate, in the name and on behalf of the State, subscribing his name, as Controller, under such writing, any securities, bills of sale, documents, or other instruments required, under customary business practice, for the consummation of the transactions authorized by this chapter. For all purposes, such endorsement is conclusive and binding against the State and the heirs, devisees, legatees, or other claimants of the property covered by such endorsement. (Added by Stats. 1951, Ch. 1708.)
  63. 1373.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may lease or sell real property at public auction, and notice must be published before the sale or lease.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1373. The Controller may lease or sell any real property for cash at public auction to the highest bidder. Before such sale or lease, notice thereof shall be published pursuant to Government Code Section 6063 in a newspaper published in the county in which the real property is situated, or in an adjoining county, if there is no newspaper published in such county. The notice is sufficient for all the purposes of such lease or sale if the real property is described sufficiently to identify it. The cost of publication shall be a charge against the proceeds of the lease or sale, or, if the lease or sale is not consummated, such cost shall be a legal charge against the appropriation for official advertising. If the value of the property to be sold does not appear to exceed one thousand dollars ($1,000) in the determination of the Controller, notice of sale thereof may be published pursuant to Government Code Section 6061. (Amended by Stats. 1963, Ch. 752.)
  64. 1374.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may reject any or all bids at sales or public auctions held under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1374. The Controller may reject any and all bids made at sales or public auctions held under the provisions of this chapter. (Added by Stats. 1951, Ch. 1708.)
  65. 1375.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may sell or lease real property at a private sale without published notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1375. Any real property may be sold or leased by the Controller at private sale without published notice. (Amended by Stats. 2016, Ch. 31, Sec. 15. (SB 836) Effective June 27, 2016.)
  66. 1376.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must execute a deed and bill of sale for property sold under this chapter after sale proceeds are received, and may execute leases for real or personal property for the State of California.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1376. Upon receipt of the proceeds of any sale made pursuant to this chapter, the Controller shall execute, in the name and on behalf of the State of California, a deed covering the real property, and a bill of sale covering the personal property, sold. He may execute leases for real or personal property in the name and on behalf of the State of California. (Added by Stats. 1951, Ch. 1708.)
  67. 1377.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must not enter into a transaction that would impose new executory-contract obligations on the property’s owners or claimants.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1377. The Controller shall not enter into any transaction which shall create or impose upon the owners, heirs, devisees, legatees, or other claimants of the property involved, any obligation under an executory contract, the performance of which is not already an obligation of such owners, heirs, devisees, legatees, or other claimants prior to the consummation of the transactions authorized by this chapter. (Added by Stats. 1951, Ch. 1708.)
  68. 1378.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A person may not bring a suit against the State or a state officer for transactions entered into by the Controller under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1378. No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller pursuant to this chapter. (Added by Stats. 1951, Ch. 1708.)
  69. 1379.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller may destroy or dispose of certain unclaimed personal property if it is valueless or so low in value that selling it would likely cost more than the sale would bring; the Treasurer and Controller are shielded from damages claims for loss from that destruction or disposal.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1379. The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is determined by him or her to be valueless or of such little value that the costs of conducting a sale would probably exceed the amount that would be realized from the sale, and neither the Treasurer nor Controller shall be held to respond in damages at the suit of any person claiming loss by reason of that destruction or disposition. (Amended by Stats. 2016, Ch. 31, Sec. 16. (SB 836) Effective June 27, 2016.)
  70. 1380.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Sales, exchanges, or other transactions entered into by the Controller under this chapter are exempt from Government Code Section 11009.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1380. All sales, exchanges, or other transactions entered into by the Controller pursuant to this chapter are exempt from the provisions of Section 11009 of the Government Code. (Added by Stats. 1951, Ch. 1708.)
  71. 1381.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Controller transactions under this chapter are final against everyone, except certain good-faith purchasers or encumbrancers with a first recorded written instrument.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1381. All sales, leases or other transactions entered into by the Controller pursuant to this chapter shall be conclusive against everyone, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or interest by an instrument in writing that is first duly recorded. (Added by Stats. 1951, Ch. 1738.)
  72. 1382.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section says the Controller’s power to sell real property also covers certain state-held property in the Unclaimed Property Fund, except tax-deeded lands.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Sale or Disposal of Property [1370 - 1382] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1382. Any provision of this article which authorizes the Controller to sell real property applies to any real property distributed or escheated to, or the title to which has vested in, the State of California by court order or decree of distribution, if such real property is held in the name of the Unclaimed Property Fund under the provision of this title, whether or not such real property has permanently escheated to the State. This section does not apply to the disposition of tax-deeded lands under Chapter 7, 8 or 9 of Part 6 of Division 1 of the Revenue and Taxation Code. (Added by Stats. 1953, Ch. 281.)
  73. 139.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 4. Proceedings in Case of Absence of Judge [139- 139.] ( Article 4 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    If a judge does not appear on time, the sheriff, marshal, or clerk must adjourn the court to the next day, and keep doing so day by day unless the judge’s written order sets a different date.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 4. Proceedings in Case of Absence of Judge [139- 139.] ( Article 4 added by Code Amendments 1880, Ch. 35. ) ## 139. If no judge attends on the day appointed for the holding or sitting of a court, or on the day to which it may have been adjourned, within one hour after the time appointed, the sheriff, marshal, or clerk shall adjourn the same until the next day, at 10 o’clock a.m., and if no judge attend on that day, before noon, the sheriff, marshal, or clerk shall adjourn the same until the following day at the same hour; and so on, from day to day unless the judge, by written order, directs it to be adjourned to some day certain, fixed in said order, in which case it shall be so adjourned. (Amended by Stats. 1996, Ch. 872, Sec. 6. Effective January 1, 1997.)
  74. 1390.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must send sale or lease proceeds, except proceeds from permanently escheated property, to the Treasurer and ensure the money is deposited and credited in the Unclaimed Property Fund.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1390. The Controller shall deliver to the Treasurer the proceeds of any sale or lease of property, other than permanently escheated property, made pursuant to this chapter; and, on order of the Controller, the amount thereof shall be deposited in the Unclaimed Property Fund. Such amount shall be credited by the Controller to the account in said fund, in the name of which the property sold or leased was held. All moneys deposited in the Unclaimed Property Fund under the provisions of this section shall be held for the benefit of those entitled to claim the property sold or leased; but the period in which such moneys shall be available for claim by and payment to the persons entitled thereto shall not extend beyond the period in which such property is available for claim and payment under the provisions of this title. (Added by Stats. 1951, Ch. 1708.)
  75. 1391.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must deliver proceeds from the sale or lease of permanently escheated property to the Treasurer.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1391. The Controller shall deliver to the Treasurer the proceeds of any sale or lease of permanently escheated property made pursuant to this chapter; and, on order of the Controller, the amount thereof shall be deposited in the General Fund. All moneys deposited in the General Fund under the provisions of this section shall be deemed to have permanently escheated to the state as of the date of permanent escheat of the property from which such moneys were derived. (Amended by Stats. 1978, Ch. 1183.)
  76. 1392.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must credit transaction proceeds to the estate they came from, or, if the property has permanently escheated, to the specified General Fund account.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1392. The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title shall be credited by the Controller to the estate from which the property affected by the transaction was received; or, if such property has permanently escheated to the state, to the account in the General Fund to which the permanently escheated cash derived from estates of deceased persons is credited. (Amended by Stats. 1978, Ch. 1183.)
  77. 1393.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must credit proceeds from covered transactions to the affected heirs, devisees, or legatees, or to the specified General Fund account if the property has permanently escheated to the state.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1393. The proceeds of any transaction by the Controller under the provisions of this chapter, in connection with property received and held by the state under the provisions of Article 1 (commencing with Section 1440) of Chapter 6 of this title, for the benefit of unlocated heirs, devisees or legatees of estates of deceased persons, shall be credited by the Controller to such heirs, devisees or legatees of the property affected by such transaction; or, if such property has permanently escheated to the state, to the account in the General Fund to which the permanently escheated cash derived from estates of deceased persons is credited. (Amended by Stats. 1978, Ch. 1183.)
  78. 1394.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Controller must credit transaction proceeds to the entitled persons, unless the property has permanently escheated to the state, in which case the proceeds go to the specified General Fund account.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 4. Management of Unclaimed Property [1360 - 1394] ( Chapter 4 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Disposal of Proceeds of Sale or Lease [1390 - 1394] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1394. The proceeds of any transaction by the Controller under the provisions of this chapter in connection with property received and held by the state under the provisions of this title, for the benefit of the persons entitled thereto, shall be credited by the Controller to such persons; or, if the property affected by such transaction has permanently escheated to the state, to the account in the General Fund in the name of which such permanently escheated property was recorded. (Amended by Stats. 1978, Ch. 1183.)
  79. 13a

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    A required act due on a specific day or within a set period may be performed on a special holiday, and doing so counts the same as if done on a non-holiday.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 13a. Any act required by law to be performed on a particular day or within a specified period of time may be performed (but is not hereby required to be performed) on a special holiday as that term is used in Section 6705 of the Government Code, with like effect as if performed on a day which is not a holiday. (Amended by Stats. 1959, Ch. 594.)
  80. 13b

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    An act due on a particular day or within a stated period may be done on a Saturday and counts the same as if done on a non-holiday.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 13b. Any act required by law to be performed on a particular day or within a specified period may be performed (but is not hereby required to be performed) on a Saturday, with like effect as if performed on a day which is not a holiday. (Added by Stats. 1961, Ch. 1370.)
  81. 14.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    If a seal is legally required on a paper, an impression of the seal on the paper counts as a seal, including on wax or a wafer attached to it.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 14. When the seal of a Court, public officer, or person is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. (Enacted 1872.)
  82. 1410.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Escheat Proceedings on Unclaimed Property [1410- 1410.] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The Attorney General must bring escheat actions for unclaimed property, file and publish required notices, and the court must set hearing and judgment procedures.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Escheat Proceedings on Unclaimed Property [1410- 1410.] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1410. The Attorney General shall, from time to time, commence actions on behalf of the state for the purpose of having it adjudged that title to unclaimed property to which the state has become entitled by escheat has vested in the state, and for the purpose of having it adjudged that property has been actually abandoned or that the owner thereof has died and there is no person entitled thereto and the same has escheated and vested in the state. Such actions shall be brought in the Superior Court for the County of Sacramento; except that if any real property covered by the petition is not situated in the County of Sacramento, an action respecting the real property shall be commenced in the superior court for the county in which such real property or any part thereof is situated. The Attorney General shall cause to be recorded in the office of the county recorder of the county in which the real property is situated, a notice of the pendency of the petition containing the names of the parties, and the object of the action and a description of the property in the county affected thereby. From the time of filing such notice for record only, shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of the pendency against parties designated by their real names. Such action shall be commenced by filing a petition. The provisions of Section 1420, relating to the facts to be set forth in the petition, joinder of parties and causes of action, and the provisions of Section 1423, relating to appearances and pleadings, shall be applicable to any proceeding had under this section. Upon the filing of the petition, the court shall make an order requiring all persons interested in the property or estate to appear on a day not more than 90 days nor less than 60 days from the date of the order and show cause, if any they have, why title to the property should not vest in the State of California. Service of process in such actions shall be made by delivery of a copy of the order, together with a copy of the petition, to each person who claims title to any property covered by the petition and who is known to the Attorney General or the Controller or who has theretofore filed in the office of the Controller a written request for such service of process, stating his name and address, including street number, or post-office box number, if any, and by publishing the order at least once a week for two consecutive weeks in a newspaper published in the county in which the action is filed, the last publication to be at least 10 days prior to the date set for the hearing. Upon completion of the service of process, as provided in this section, the court shall have full and complete jurisdiction over the estate, the property, and the person of everyone having or claiming any interest in the property, and shall have full and complete jursidiction to hear and determine the issues therein, and to render an appropriate judgment. In addition to the foregoing publication of the order, a notice shall be given by publication, at least once a week for two successive weeks in a newspaper published in the county from which the property was forwarded to the State Treasury or is situated, of each estate and item of property from such county or situated in such county in excess of one thousand dollars ($1,000). Such notice shall state that a petition has been filed and an order made as hereinbefore provided and shall list each estate and item in excess of one thousand dollars ($1,000) and show the amount of the property, if money, or a description thereof, if other than money, and the name of the owner or claimant and his last known address. Any omission or defect in the giving of such additional notice shall not affect the jurisdiction of the court. If it appears from the facts found or admitted that the state is entitled to the property or any part thereof mentioned in the petition, judgment shall be rendered that title to such property or part thereof, as the case may be, has vested in the state by escheat. No costs of suit shall be allowed against any party in any action or proceeding had under this section. (Amended by Stats. 1984, Ch. 268, Sec. 1. Effective June 30, 1984.)
  83. 1415.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Escheat by Notice and Publication [1415- 1415.] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    For certain unclaimed property in the State Treasury valued at $1,000 or less, the Controller may prepare a return and must give public notice by display and newspaper publication. Owners or other entitled persons may claim the property within five years after publication is completed.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Escheat by Notice and Publication [1415- 1415.] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1415. Whenever any money or other personal property of a value of one thousand dollars ($1,000) or less has heretofore been, or is hereafter, deposited in the State Treasury and the same is subject to being declared escheated to the state or being declared vested in the state as abandoned property, or otherwise, under any laws of this state, in lieu of the procedure provided for elsewhere in this chapter, the Controller may, from time to time, prepare a return listing such property and give notice thereof in the manner hereinafter provided. Such return shall list each item and show (1) the amount of the property, if money, or a description thereof if other than money; (2) the name of the owner or claimant and his last known address, if known; (3) the name and address of the person delivering the property to the State Treasury, if known but where the property is received from an estate, only the name of the decedent together with the name of the county and the number of the proceeding need be given; (4) the facts and circumstances by virtue of which it is claimed the property has escheated or vested in the state; and (5) such other information as the Controller may desire to include to assist in identifying each item. When such return has been completed, the Controller shall prepare, date, and attach thereto a notice that the property listed in the return has escheated or vested in the state. Copies of such return and notice shall then be displayed and be open to public inspection during business hours in at least three offices of the Controller, one in the City of Sacramento, one in the City and County of San Francisco, and one in the City of Los Angeles. The Controller shall then cause notice to be given by publication in one newspaper of general circulation published in the City of Sacramento, and also by publication in one newspaper of general circulation published in the City and County of San Francisco, and also by publication in one newspaper of general circulation published in the City of Los Angeles, at least once each calendar week for two consecutive weeks, that said return and notice that the property listed in the return has escheated or vested in the state has been prepared and is on display and open to public inspection during business hours, giving the addresses and room numbers of the locations where the same may be inspected. Such publication shall be made within 90 days after attaching the notice to the return. Notice by such publication shall be deemed completed 120 days after attaching the notice to the return. Within five years after such notice by publication is completed, any person entitled to such property may claim it in the manner provided in Chapter 3 of this title. All persons who fail to make such claim within the time limited are forever barred; saving, however, to infants and persons of unsound mind, the right to appear and claim such property at any time within the time limited, or within one year after their respective disabilities cease. (Amended by Stats. 1984, Ch. 268, Sec. 2. Effective June 30, 1984.)
  84. 1420.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    This section lets the Attorney General start an escheat proceeding for a decedent’s property after two years, and sets notice, filing, and distribution steps for the court.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1420. (a) At any time after two years after the death of any decedent who leaves property to which the state is entitled by reason of it having escheated to the state, the Attorney General shall commence a proceeding on behalf of the state in the Superior Court for the County of Sacramento to have it adjudged that the state is so entitled. The action shall be commenced by filing a petition, which shall be treated as the information elsewhere referred to in this title. (b) The petition shall set forth a description of the property, the name of the person last in possession thereof, the name of the person, if any, claiming the property, or portion thereof, and the facts and circumstances by virtue of which it is claimed the property has escheated. (c) Upon the filing of the petition, the court shall make an order requiring all persons interested in the estate to appear and show cause, if any, within 60 days from the date of the order, why the estate should not vest in the state. The order must be published at least once a week for four consecutive weeks in a newspaper published in the County of Sacramento, the last publication to be at least 10 days prior to the date set for the hearing. Upon the completion of the publication of the order, the court shall have full and complete jurisdiction over the estate, the property, and the person of everyone having or claiming any interest in the property, and shall have full and complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon. (d) If proceedings for the administration of the estate have been instituted, a copy of the order must be filed with the papers in the estate. If proceedings for the administration of any estate of the decedent have been instituted and none of the persons entitled to succeed thereto have appeared and made claim to the property, or any portion thereof, before the decree of final distribution therein is made, or before the commencement of a proceeding by the Attorney General, or if the court shall find that the persons as have appeared are not entitled to the property of the estate, or any portion thereof, the court shall, upon final settlement of the proceedings for the administration of the estate, after the payment of all debts and expenses of administration, distribute all moneys and other property remaining to the State of California. In any proceeding brought by the Attorney General under this chapter, any two or more parties and any two or more causes of action may be joined in the same proceedings and in the same petition without being separately stated, and it shall be sufficient to allege in the petition that the decedent left no heirs to take the estate and the failure of heirs to appear and set up their claims in any proceeding, or in any proceedings for the administration of the estate, shall be sufficient proof upon which to base the judgment in any proceeding or decree of distribution. (e) If proceedings for the administration of any estate have not been commenced within six months from the death of any decedent the Attorney General may direct the public administrator to commence the same forthwith. (Amended by Stats. 2003, Ch. 62, Sec. 26. Effective January 1, 2004.)
  85. 1421.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If the Attorney General is informed that an estate or related property has escheated, or is about to escheat, the Attorney General may bring or join court proceedings for the state and may seek an order about depositing money and personal property into the State Treasury.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1421. Whenever the Attorney General is informed that any estate has escheated or is about to escheat to the state, or that the property involved in any action or special proceeding has escheated or is about to escheat to the state, the Attorney General may commence an action on behalf of the state to determine its rights to the property or may intervene on its behalf in any action or special proceeding affecting the estate and contest the rights of any claimant or claimants thereto. The Attorney General may also apply to the superior court or any judge thereof for an order directing the county treasurer to deposit in the State Treasury all money, and to deliver to the Controller for deposit in the State Treasury, all other personal property, in the possession of the county treasurer, which may become payable to the State Treasury pursuant to Section 7643 of the Probate Code. (Amended by Stats. 1988, Ch. 1199, Sec. 9. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  86. 1422.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    The court may appoint a receiver for the estate, or its income, if the required application and notice steps are met and sufficient cause is shown.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1422. The court, upon the information being filed, and upon application of the Attorney General, either before or after answer, upon notice to the party claiming the estate, if known, may, upon sufficient cause therefor being shown, appoint a receiver to take charge of such estate, or any part thereof, or to receive the rents, income and profits of the same until the title of such estate is finally settled. (Added by Stats. 1951, Ch. 1708.)
  87. 1423.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    People named in the escheat information may appear, answer, and contest the State’s claims; if no one does, the court must enter judgment for the State.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1423. All persons named in the information may appear and answer, and may traverse or deny the facts stated therein at any time before the time for answering expires, and any other person claiming an interest in such estate may appear and be made a defendant, by motion for that purpose in open court within the time allowed for answering, and if no such person appears and answers within the time, then judgment must be rendered that the State is the owner of the property in such information claimed. If any person appears and denies the title set up by the State, or traverses any material fact set forth in the information, the issue of fact must be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted that the State has good title to the property in the information mentioned, or any part thereof, judgment must be rendered that the State is the owner and entitled to the possession thereof, and that it recover costs of suit against the defendants who have appeared and answered. In any judgment rendered, or that has heretofore been rendered by any court escheating property to the State, on motion of the Attorney General, the court must make an order that such property, unless it consists of money, be sold by the sheriff of the county where it is situate, at public sale, for cash, after giving notice of the time and place of sale, as may be prescribed by the court in such order; that the sheriff, within five days after such sale, make a report thereof to the court, and upon the hearing of such report, the court may examine the report and witnesses in relation thereto, and if the proceedings were unfair, or if the sum bid disproportionate to the value, or if it appears that a sum exceeding said bid, exclusive of the expense of a new sale, may be obtained, the court may vacate the sale, and direct another to be had, of which notice must be given, and the sale in all respects conducted as if no previous sale had taken place. If an offer greater in amount than that named in the report is made to the court in writing by a responsible person, the court may, in its discretion, accept such offer and confirm the sale to such person, or order a new sale. If it appears to the court that the sale was legally made and fairly conducted and that the sum bid is not disproportionate to the value of the property sold, and that a sum exceeding such bid, exclusive of the expense of a new sale, cannot be obtained, or if the increased bid above mentioned is made and accepted by the court, the court must make an order confirming the sale and directing the sheriff, in the name of the State, to execute to the purchaser or purchasers a conveyance of said property sold; and said conveyance vests in the purchaser or purchasers all the right and title of the State therein. The sheriff shall, out of the proceeds of such sale, pay the cost of said proceedings incurred on behalf of the State, including the expenses of making such sale, and also an attorney’s fee, if additional counsel was employed in said proceedings, to be fixed by the court, not exceeding 10 percent on the amount of such sale; and the residue thereof shall be paid by said sheriff into the State Treasury. (Added by Stats. 1951, Ch. 1708.)
  88. 1424.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If a judgment or decree gives unclaimed property to the State of California and the clause uses trust-like language for unknown persons, the property vests in the state, but claimants still have the right to appear and claim it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 3. Escheat Proceedings in Decedents’ Estates [1420 - 1424] ( Article 3 added by Stats. 1951, Ch. 1708. ) ## 1424. If, in any proceeding had under this title, the judgment or decree distributes or vests unclaimed property or any portion thereof to or in the State of California and the distributing or vesting clause contains words otherwise creating a trust in favor of certain unknown or unidentified persons as a class, such judgment or decree shall vest in the State of California both legal and equitable title to such property; saving, however, the right of claimants to appear and claim the property, as provided in this title. (Added by Stats. 1951, Ch. 1708.)
  89. 1430.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Permanent Escheat [1430 - 1431] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Property in a covered escheat proceeding permanently escheats to the state after five years, with limited claim rights for infants, persons of unsound mind, named beneficiaries, and certain blood relatives.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Permanent Escheat [1430 - 1431] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1430. (a) Upon the expiration of five years after the date of entry of judgment in any proceeding pursuant to this chapter, or upon the expiration of five years after completion of notice by publication in an escheat action taken pursuant to Section 1415, the property covered by that proceeding or action shall permanently escheat to the state, except as provided in subdivision (b). (b) Infants and persons of unsound mind shall have the right to appear and claim such property as provided in this title if born before the expiration of the five-year period; but it shall be presumed that there are no infants nor persons of unsound mind who are or will be entitled to claim this property unless and until they appear and claim the property as provided in this title. This presumption shall be conclusive in favor of any purchaser in good faith and for a valuable consideration from the state and everyone subsequently claiming under him or her, saving however, to infants and persons of unsound mind the right of recourse to the proceeds of any sale or other disposition of any such property by the state and as herein provided. (c) Except as otherwise provided in this subdivision, a named beneficiary of property that escheats pursuant to this title or, if the beneficiary is deceased or a court renders a judgment that the beneficiary is dead, a blood relative of the named beneficiary may claim property described in subdivision (a) at any time within five years after the date of entry of judgment in any proceeding under this chapter. The named beneficiary or, if a court has rendered a judgment that the named beneficiary is dead, the blood relative of the named beneficiary shall be entitled to immediate payment upon this claim. If a court has not rendered a judgment that the named beneficiary is dead, payment of the claim of a blood relative of the named beneficiary shall be made on the day before the expiration of the five-year period described in this section. This subdivision shall not apply to authorize a claim by any person, including any issue or blood relative of that person, whose interest or inheritance was specifically restricted or barred by a provision in the donating or transferring instrument. (Amended by Stats. 1997, Ch. 671, Sec. 1. Effective January 1, 1998.)
  90. 1431.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Permanent Escheat [1430 - 1431] ( Article 4 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    When property in the Unclaimed Property Fund has permanently escheated to the state, money must be transferred to the General Fund and non-money property must be reflected in the Controller’s and Treasurer’s records as held in the General Fund.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 5. Escheat Proceedings [1410 - 1431] ( Chapter 5 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 4. Permanent Escheat [1430 - 1431] ( Article 4 added by Stats. 1951, Ch. 1708. ) ## 1431. When money in the Unclaimed Property Fund has become permanently escheated to the state, the amount thereof shall, on order of the Controller, be transferred to the General Fund. When property other than money held by the Controller or Treasurer in the name of any account in the Unclaimed Property Fund has become permanently escheated to the state, the records of the Controller and Treasurer shall be adjusted to show that such property is held in the name of the General Fund. (Amended by Stats. 1980, Ch. 676, Sec. 69.)
  91. 1440.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Money or property from a deceased person’s estate that is paid to the State for deposit in the State Treasury is treated as being paid under this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1440. Whenever, under the provisions of this title or under any other provision of law, any unclaimed money or other property in an estate of a deceased person, or any unclaimed amount payable pursuant to an allowed and approved claim against such an estate, is paid to the State or any officer or employee thereof for deposit in the State Treasury, it shall be deemed to have been so paid under the provisions of this article. (Added by Stats. 1951, Ch. 1708.)
  92. 1441.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Property distributed to the state is permanently escheated if not claimed within five years, with limited claims preserved for infants and persons of unsound mind.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1441. Money or other property distributed to the state under Chapter 6 (commencing with Section 11900) of Part 10 of Division 7 of the Probate Code, if not claimed within five years from the date of the order for distribution, as provided in Chapter 3, is permanently escheated to the state without further proceeding; saving, however, to infants and persons of unsound mind, the right to appear and file their claims within the time limited pursuant to Section 1430, or within one year after their respective disabilities cease; provided, however, that any such property shall be conclusively presumed to be permanently escheated to the state as to all persons in favor of a purchaser in good faith and for a valuable consideration from the state and anyone subsequently claiming under that purchaser, saving however, to infants and persons of unsound mind the right of recourse to the proceeds of any sale or other disposition of that property by the state and as herein provided. (Amended by Stats. 1995, Ch. 105, Sec. 1. Effective January 1, 1996.)
  93. 1442.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    A person entitled to it may claim money or other property paid into the State Treasury under this article, unless Section 1441 says otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1442. Except as otherwise provided in Section 1441, any money or other property paid into the State Treasury under the provisions of this article may be claimed by the person entitled thereto, as provided in Chapter 3. (Added by Stats. 1951, Ch. 1708.)
  94. 1443.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Money or property paid to the state under the listed Probate Code and related provisions is treated as deposited in the State Treasury and handled under this title.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1443. Notwithstanding any other provision of law, all money or other property paid or delivered to the state or any officer or employee thereof under the provisions of Section 7643 or 11428, Chapter 6 (commencing with Section 11900) of Part 10 of Division 7, or Section 6800, of the Probate Code, or under any other section of the Probate Code, or any amendment thereof adopted after the effective date of this section, shall be deemed to be paid or delivered for deposit in the State Treasury under the provisions of this article, and shall be transmitted, received, accounted for, and disposed of, as provided in this title. (Amended by Stats. 1988, Ch. 1199, Sec. 11. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  95. 1444.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    After one year, certain estate money or property in the county treasury must be paid to the Treasurer or Controller.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1444. At the time of the next county settlement following the expiration of one year from the date of its deposit in the county treasury, all money or other property distributed in the administration of an estate of a deceased person and heretofore or hereafter deposited in the county treasury to the credit of known heirs, legatees, or devisees, and any money or other property remaining on deposit to the credit of an estate after final distribution to such known heirs, legatees or devisees, shall be paid to the Treasurer or Controller as provided in Chapter 2. (Added by Stats. 1951, Ch. 1708.)
  96. 1444.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Unclaimed qualifying money held by a county treasurer from a deceased person’s estate is deemed permanently escheated to the State of California after 15 years unclaimed, and the State Treasurer must deposit received funds in the School Land Fund.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1444.5. Notwithstanding any other provision of law, any money on deposit with the county treasurer of a county received from a public administrator of the county in trust and to the account of the estate of a deceased person or the creditor of a deceased person, in an amount of fifty dollars ($50) or less as to any one estate or creditor, and not covered by a decree of distribution, which was received or remained on hand after the final accounting in such deceased person’s estate and the discharge of such public administrator as representative of the estate, and where the money has so remained on deposit in trust for a period of 15 years or more unclaimed by any heir, devisee or legatee of such deceased person, or by any creditor having an allowed and approved claim against the deceased person’s estate remaining unpaid, shall be deemed permanently escheated to the State of California. The total of any such moneys so held in trust unclaimed for such period may be paid in a lump sum by the county treasurer, from such funds as he may have on hand for the purpose, to the State Treasurer, at the time of the next county settlement after the effective date of this section, or at any county settlement thereafter. Such lump sum payment may be made by designating it to have been made under this section, without the necessity of any further report or statement of the estates or claimants concerned, without the necessity of any order of court, and without being subject to the provisions of Section 1311 or 1312. Upon receipt by the State Treasurer, any permanently escheated money received by him under this section shall forthwith be deposited in the School Land Fund, subject only to the rights of minors and persons of unsound mind saved to them by Section 1430. This section shall also apply in all respects to any money on deposit with a county treasurer received from the coroner of the county in trust and to the account of a deceased person, and any such money shall be held, deemed permanently escheated, reported and paid over in like manner as hereinabove set forth. (Added by Stats. 1957, Ch. 1375.)
  97. 1445.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    If certain decedents’ estate funds stay in county treasury for five years, the county treasurer must petition the superior court within one year after that period and then pay the funds to the Treasurer or Controller at the next county settlement, unless the Controller requires earlier payment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1445. If money or other property is deposited in a county treasury, and if the deposits belong (1) to known decedents’ estates on which letters testamentary or letters of administration have never been issued or (2) to known decedents’ estates on which letters testamentary or letters of administration have been issued but no decree of distribution has been rendered, due to the absence of any parties interested in the estate or the failure of such parties diligently to protect their interests by taking reasonable steps for the purpose of securing a distribution of the estate, the county treasurer shall, within one year following the expiration of five years from the date of such deposit, file a petition in the superior court of the county in which the deposit is held, setting forth the fact that the money or other personal property has remained in the county treasury under such circumstances for such five-year period, and petitioning the court for an order directing him to pay such money or other property into the State Treasury. At the time of the next county settlement following the date of the making of the order by the court, unless earlier payment is required by the Controller, the county treasurer shall pay such money or other property to the Treasurer or Controller as provided in Chapter 2. (Added by Stats. 1951, Ch. 1708.)
  98. 1446.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Unclaimed money or property of a person who dies while confined in a state institution is treated as money or property paid into the State Treasury under this article.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1446. Notwithstanding any other provision of law, all unclaimed money or other property belonging to any person who dies while confined in any state institution subject to the jurisdiction of the Director of Corrections, which is paid or delivered to the State or any officer or employee thereof under the provisions of Section 5061 of the Penal Code, or under any amendment thereof adopted after the effective date of this section, shall be deemed to be paid or delivered for deposit in the State Treasury under the provisions of this article, and shall be transmitted, received, accounted for, and disposed of, as provided in this part. (Added by Stats. 1951, Ch. 1708.)
  99. 1447.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Unclaimed money or property covered by this section is treated as deposited in the State Treasury and handled under this part.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1447. Notwithstanding any other law, all unclaimed money or other property belonging to a person who dies while confined in a state institution subject to the jurisdiction of the State Department of State Hospitals, which is paid or delivered to the state or an officer or employee thereof under the provisions of Section 166 of the Welfare and Institutions Code, or under any amendment thereof adopted after the effective date of Chapter 1708 of the Statutes of 1951 shall be deemed to be paid or delivered for deposit in the State Treasury under the provisions of this article, and shall be transmitted, received, accounted for, and disposed of, as provided in this part. (Amended by Stats. 2014, Ch. 144, Sec. 7. (AB 1847) Effective January 1, 2015.)
  100. 1448.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Unclaimed money or property of a person who dies while confined in a state institution under Youth Authority jurisdiction must be treated as paid into the State Treasury and handled under this part.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1448. Notwithstanding any other provision of law, all unclaimed money or other property belonging to any person who dies while confined in any state institution subject to the jurisdiction of the Youth Authority, which is paid or delivered to the State or any officer thereof under the provisions of Section 1015 of the Welfare and Institutions Code or under any amendment thereof adopted after the effective date of this section, shall be deemed to be paid or delivered for deposit in the State Treasury under the provisions of this article, and shall be transmitted, received, accounted for, and disposed of, as provided in this part. (Added by Stats. 1951, Ch. 1708.)
  101. 1449.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    Certain presumptively abandoned money or property handled by the Treasurer or Controller must be treated as deposited in the State Treasury and then handled as this title requires.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 1. Estates of Deceased Persons [1440 - 1449] ( Article 1 added by Stats. 1951, Ch. 1708. ) ## 1449. Notwithstanding any other provision of law, all presumptively abandoned money or other property paid or delivered to the Treasurer or Controller under the provisions of Section 7644 of the Probate Code shall be deemed to be paid or delivered for deposit in the State Treasury under the provisions of this article, and shall be transmitted, received, accounted for, and disposed of as provided in this title. (Amended by Stats. 1988, Ch. 1199, Sec. 12. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  102. 1476.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Abandoned Property [1476- 1476.] ( Article 2 added by Stats. 1951, Ch. 1708. )

    Verify source ↗

    When a legal time limit expires, money or property can still be treated as abandoned property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 6. Disposition of Unclaimed Property [1440 - 1476] ( Chapter 6 added by Stats. 1951, Ch. 1708. ) ## ARTICLE 2. Abandoned Property [1476- 1476.] ( Article 2 added by Stats. 1951, Ch. 1708. ) ## 1476. The expiration of any period of time specified by law, during which an action or proceeding may be commenced or enforced to secure payment of a claim for money or recovery of property, shall not prevent any such money or other property from being deemed abandoned property, nor affect any duty to file a report required by this title or to deliver to the Treasurer or Controller any such abandoned property; and shall not serve as a defense in any action or proceeding brought under the provisions of this article to compel the filing of any report or the delivery of any abandoned property required by this article or to enforce or collect any penalty provided by this article. (Added by Stats. 1951, Ch. 1708.)
  103. 15.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    Words giving joint authority to three or more public officers or other persons are read as allowing a majority of them to act, unless the Act says otherwise.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 15. Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority. (Enacted 1872.)
  104. 1500.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This chapter may be cited as the Unclaimed Property Law.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1500. This chapter may be cited as the Unclaimed Property Law. (Amended by Stats. 1968, Ch. 356.)
  105. 1501.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This section defines key terms used in the chapter on unclaimed property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1501. As used in this chapter, unless the context otherwise requires: (a) “Apparent owner” means the person who appears from the records of the holder to be entitled to property held by the holder. (b) “Banking organization” means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. (c) “Business association” means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. (d) “Digital financial asset” has the same meaning as in subdivision (g) of Section 3102 of the Financial Code. (e) “Employee benefit plan distribution” means any money, life insurance, endowment or annuity policy or proceeds thereof, securities or other intangible property, or any tangible property, distributable to a participant, former participant, or the beneficiary or estate or heirs of a participant or former participant or beneficiary, from a trust or custodial fund established under a plan to provide health and welfare, pension, vacation, severance, retirement benefit, death benefit, stock purchase, profit sharing, employee savings, supplemental unemployment insurance benefits or similar benefits, or which is established under a plan by a business association functioning as or in conjunction with a labor union that receives for distribution residuals on behalf of employees working under collective-bargaining agreements. (f) “Financial organization” means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. (g) “Holder” means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. (h) “Life insurance corporation” means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. (i) “Owner” means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or their legal representative. (j) “Person” means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in their own right or in a representative or fiduciary capacity. (k) “Private key” means a unique element of cryptographic data used for signing transactions on a blockchain that is known to the owner of the element. (l) “Residuals” means payments pursuant to a collective bargaining agreement of additional compensation for domestic and foreign uses of recorded materials. (Amended by Stats. 2025, Ch. 660, Sec. 2. (SB 822) Effective January 1, 2026.)
  106. 1501.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The state must not permanently escheat property received under this chapter, and it must notify owners before escheatment and try to identify owners after escheatment.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1501.5. (a) Notwithstanding any provision of law to the contrary, property received by the state under this chapter shall not permanently escheat to the state. (b) The Legislature finds and declares that this section is declaratory of the existing law and sets forth the intent of the Legislature regarding the Uniform Disposition of Unclaimed Property Act (Chapter 1809, Statutes of 1959) and all amendments thereto and revisions thereof. Any opinions, rulings, orders, judgments, or other statements to the contrary by any court are erroneous and inconsistent with the intent of the Legislature. (c) It is the intent of the Legislature that property owners be reunited with their property. In making changes to the unclaimed property program, the Legislature intends to adopt a more expansive notification program that will provide all of the following: (1) Notification by the state to all owners of unclaimed property prior to escheatment. (2) A more expansive postescheatment policy that takes action to identify those owners of unclaimed property. (3) A waiting period of not less than seven years from delivery of property to the state prior to disposal of any unclaimed property deemed to have no commercial value. (Amended by Stats. 2014, Ch. 913, Sec. 10. (AB 2747) Effective January 1, 2015.)
  107. 1502.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This chapter does not apply to certain property held by municipal utility districts, local agencies, courts, or the state in earlier chapters of the title.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1502. (a) This chapter does not apply to any of the following: (1) Any property in the official custody of a municipal utility district. (2) Any property in the official custody of a local agency if such property may be transferred to the general fund of such agency under the provisions of Sections 50050-50053 of the Government Code. (3) Any property in the official custody of a court if the property may be transferred to the Trial Court Operations Fund under Section 68084.1 of the Government Code. (b) None of the provisions of this chapter applies to any type of property received by the state under the provisions of Chapter 1 (commencing with Section 1300) to Chapter 6 (commencing with Section 1440), inclusive, of this title. (Amended by Stats. 2007, Ch. 738, Sec. 6. Effective January 1, 2008.)
  108. 1503.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This section defines terms and says a holder does not have to report, pay, or deliver certain property to the Controller in specified pre-1969 situations.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1503. (a) As used in this section: (1) “Old act” means this chapter as it existed prior to January 1, 1969. (2) “New act” means this chapter as it exists on and after January 1, 1969. (3) “Property not subject to the old act” means property that was not presumed abandoned under the old act and would never have been presumed abandoned under the old act had the old act continued in existence on and after January 1, 1969, without change. (b) The holder is not required to file a report concerning, or to pay or deliver to the Controller, any property not subject to the old act if an action by the owner against the holder to recover that property was barred by an applicable statute of limitations prior to January 1, 1969. (c) The holder is not required to file a report concerning, or to pay or deliver to the Controller, any property not subject to the old act, or any property that was not required to be reported under the old act, unless on January 1, 1969, the property has been held by the holder for less than the escheat period. “Escheat period” means the period referred to in Sections 1513 to 1521, inclusive, of the new act, whichever is applicable to the particular property. (Amended by Stats. 1990, Ch. 450, Sec. 3. Effective July 31, 1990.)
  109. 1504.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This section defines key terms and carves out certain property from the chapter’s application, including some property escheated in another state before specified dates.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1504. (a) As used in this section: (1) “Old act” means this chapter as it existed prior to January 1, 1969. (2) “New act” means this chapter as it exists on and after January 1, 1969. (3) “Property not subject to the old act” means property that was not presumed abandoned under the old act and would never have been presumed abandoned under the old act had the old act continued in existence on and after January 1, 1969, without change. (b) This chapter does not apply to any property that was escheated under the laws of another state prior to September 18, 1959. (c) This chapter does not require the holder to pay or deliver any property not subject to the old act to this state if the property was escheated under the laws of another state prior to January 1, 1969, and was delivered to the custody of that state prior to January 1, 1970, in compliance with the laws of that state. Nothing in this subdivision affects or limits the right of the State Controller to recover such property from the other state. (Added by Stats. 1968, Ch. 356.)
  110. 1505.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This section says earlier duties to report, pay, or deliver property to the State Controller remain enforceable if they arose before January 1, 1969.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1505. This chapter does not affect any duty to file a report with the State Controller or to pay or deliver any property to him that arose prior to January 1, 1969, under the provisions of this chapter as it existed prior to January 1, 1969. Such duties may be enforced by the State Controller, and the penalties for failure to perform such duties may be imposed, under the provisions of this chapter as it existed prior to January 1, 1969. The provisions of this chapter as it existed prior to January 1, 1969, are continued in existence for the purposes of this section. (Repealed and added by Stats. 1968, Ch. 356.)
  111. 1506.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This section says substantially unchanged provisions in this chapter are to be treated as continuations of the old law, not as new enactments.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 1. Short Title; Definitions; Application [1500 - 1506] ( Article 1 heading added by Stats. 1968, Ch. 356. ) ## 1506. The provisions of this chapter as it exists on and after January 1, 1969, insofar as they are substantially the same as the provisions of this chapter as it existed prior to January 1, 1969, relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Added by Stats. 1968, Ch. 356.)
  112. 1510.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Intangible personal property escheats to the state if the listed conditions are met, unless another California statute provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1510. Unless otherwise provided by statute of this state, intangible personal property escheats to this state under this chapter if the conditions for escheat stated in Sections 1513 through 1521 exist, and if: (a) The last known address, as shown on the records of the holder, of the apparent owner is in this state. (b) No address of the apparent owner appears on the records of the holder and: (1) The last known address of the apparent owner is in this state; or (2) The holder is domiciled in this state and has not previously paid the property to the state of the last known address of the apparent owner; or (3) The holder is a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner. (c) The last known address, as shown on the records of the holder, of the apparent owner is in a state that does not provide by law for the escheat of such property and the holder is (1) domiciled in this state or (2) a government or governmental subdivision or agency of this state. (d) The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is (1) domiciled in this state or (2) a government or governmental subdivision or agency of this state. (Amended by Stats. 1978, Ch. 1183.)
  113. 1511.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain sums payable on money orders, travelers checks, and similar written instruments can escheat to the state if Section 1513’s conditions are met and one of the listed record/location conditions applies.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1511. (a) Any sum payable on a money order, travelers check, or other similar written instrument (other than a third-party bank check) on which a business association is directly liable escheats to this state under this chapter if the conditions for escheat stated in Section 1513 exist and if: (1) The books and records of such business association show that such money order, travelers check, or similar written instrument was purchased in this state; (2) The business association has its principal place of business in this state and the books and records of the business association do not show the state in which such money order, travelers check, or similar written instrument was purchased; or (3) The business association has its principal place of business in this state, the books and records of the business association show the state in which such money order, travelers check, or similar written instrument was purchased, and the laws of the state of purchase do not provide for the escheat of the sum payable on such instrument. (b) Notwithstanding any other provision of this chapter, this section applies to sums payable on money orders, travelers checks, and similar written instruments deemed abandoned on or after February 1, 1965, except to the extent that such sums have been paid over to a state prior to January 1, 1974. For the purposes of this subdivision, the words “deemed abandoned” have the same meaning as those words have as used in Section 604 of Public Law Number 93-495 (October 28, 1974), 88th Statutes at Large 1500. (Repealed and added by Stats. 1975, Ch. 25.)
  114. 1513.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain long-unclaimed property held by business associations, banking organizations, and financial organizations escheats to the state, subject to listed exceptions. The section also bars banks from stopping interest or dividends because of inactivity and requires holders to treat certain electronic transactions as evidence of activity.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1513. (a) Subject to Sections 1510 and 1511, the following property held or owing by a business association escheats to this state: (1) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, made with a banking organization, together with any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the banking organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: (i) Increased or decreased the amount of the deposit, cashed an interest check, or presented the passbook or other similar evidence of the deposit for the crediting of interest. (ii) Corresponded electronically or in writing with the banking organization concerning the deposit. (iii) Otherwise indicated an interest in the deposit as evidenced by a memorandum or other record on file with the banking organization. (B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the banking organization or the owner has owned an individual retirement account or funds held by the banking organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the banking organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. (C) No banking organization may discontinue any interest or dividends on any savings deposit because of the inactivity contemplated by this section. (2) (A) Except as provided in paragraph (6), any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, excluding, from demand deposits and accounts subject to a negotiable order of withdrawal only, any reasonable service charges that may lawfully be withheld and that do not, where made in this state, exceed those set forth in schedules filed by the financial organization from time to time with the Controller, if the owner, for more than three years, has not done any of the following: (i) Increased or decreased the amount of the funds or deposit, cashed an interest check, or presented an appropriate record for the crediting of interest or dividends. (ii) Corresponded electronically or in writing with the financial organization concerning the funds or deposit. (iii) Otherwise indicated an interest in the funds or deposit as evidenced by a memorandum or other record on file with the financial organization. (B) A deposit or account shall not, however, escheat to the state if, during the previous three years, the owner has owned another deposit or account with the financial organization or the owner has owned an individual retirement account or funds held by the financial organization under a retirement plan for self-employed individuals or a similar account or plan established pursuant to the internal revenue laws of the United States or the laws of this state, as described in paragraph (6), and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the financial organization has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit or account that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. (C) No financial organization may discontinue any interest or dividends on any funds paid toward purchase of shares or other interest, or on any deposit, because of the inactivity contemplated by this section. (3) Any sum payable on a traveler’s check issued by a business association that has been outstanding for more than 15 years from the date of its issuance, if the owner, for more than 15 years, has not corresponded in writing with the business association concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association. (4) Any sum payable on any other written instrument on which a banking or financial organization is directly liable, including, by way of illustration but not of limitation, any draft, cashier’s check, teller’s check, or certified check, that has been outstanding for more than three years from the date it was payable, or from the date of its issuance if payable on demand, if the owner, for more than three years, has not corresponded electronically or in writing with the banking or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the banking or financial organization. (5) Any sum payable on a money order issued by a business association, including a banking or financial organization, that has been outstanding for more than seven years from the date it was payable, or from the date of its issuance if payable on demand, excluding any reasonable service charges that may lawfully be withheld and that do not, when made in this state, exceed those set forth in schedules filed by the business association from time to time with the Controller, if the owner, for more than seven years, has not corresponded electronically or in writing with the business association, banking, or financial organization concerning it, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the business association. For the purposes of this subdivision, “reasonable service charge” means a service charge that meets all of the following requirements: (A) It is uniformly applied to all of the issuer’s money orders. (B) It is clearly disclosed to the purchaser at the time of purchase and to the recipient of the money order. (C) It does not begin to accrue until three years after the purchase date, and it stops accruing after the value of the money order escheats. (D) It is permitted by contract between the issuer and the purchaser. (E) It does not exceed 25 cents ($0.25) per month or the aggregate amount of twenty-one dollars ($21). (6) (A) Any funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state, if the owner, for more than three years after the funds become payable or distributable, has not done any of the following: (i) Increased or decreased the principal. (ii) Accepted payment of principal or income. (iii) Corresponded electronically or in writing concerning the property or otherwise indicated an interest. (B) Funds held by a business association in an individual retirement account or under a retirement plan for self-employed individuals or a similar account or plan created pursuant to the internal revenue laws of the United States or the laws of this state shall not escheat to the state if, during the previous three years, the owner has owned another such account, plan, or any other deposit or account with the business association and, with respect to that deposit, account, or plan, the owner has done any of the acts described in clause (i), (ii), or (iii) of subparagraph (A), and the business association has communicated electronically or in writing with the owner, at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the account or plan that would otherwise escheat under subparagraph (A). For purposes of this subparagraph, “communications” includes account statements or statements required under the internal revenue laws of the United States. (C) These funds are not payable or distributable within the meaning of this subdivision unless either of the following is true: (i) Under the terms of the account or plan, distribution of all or a part of the funds would then be mandatory. (ii) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 701/2 years of age. (7) Any wages or salaries that have remained unclaimed by the owner for more than one year after the wages or salaries become payable. (b) For purposes of this section, “service charges” means service charges imposed because of the inactivity contemplated by this section. (c) A holder shall, commencing on or before January 1, 2018, regard the following transactions that are initiated electronically and are reflected in the books and records of the banking or financial organization as evidence that an owner has increased or decreased the amount of the funds or deposit in an account, for purposes of paragraphs (1) and (2) of subdivision (a): (1) A single or recurring debit transaction authorized by the owner. (2) A single or recurring credit transaction authorized by the owner (3) Recurring transactions authorized by the owner that represent payroll deposits or deductions. (4) Recurring credits authorized by the owner or a responsible party that represent the deposit of any federal benefits, including social security benefits, veterans’ benefits, and pension payments. (Amended by Stats. 2016, Ch. 463, Sec. 1. (AB 2258) Effective January 1, 2017.)
  115. 1513.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Banking or financial organizations must give owners notice when certain inactive property may escheat to the state, and the notice must include specific content and timing rules.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1513.5. (a) Except as provided in subdivision (c), if the holder has in its records an address for the apparent owner, which the holder’s records do not disclose to be inaccurate, every banking or financial organization shall make reasonable efforts to notify any owner by mail or, if the owner has consented to electronic notice, electronically, that the owner’s deposit, account, shares, or other interest in the banking or financial organization will escheat to the state pursuant to clause (i), (ii), or (iii) of subparagraph (A) of paragraph (1), (2), or (6) of subdivision (a) of Section 1513. The holder shall give notice either: (1) Not less than two years nor more than two and one-half years after the date of last activity by, or communication with, the owner with respect to the account, deposit, shares, or other interest, as shown on the record of the banking or financial organization. (2) Not less than 6 nor more than 12 months before the time the account, deposit, shares, or other interest becomes reportable to the Controller in accordance with this chapter. (b) The notice required by this section shall specify the time that the deposit, account, shares, or other interest will escheat and the effects of escheat, including the necessity for filing a claim for the return of the deposit, account, shares, or other interest. The face of the notice shall contain a heading at the top that reads as follows: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language. The notice required by this section shall, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading, (1) specify that since the date of last activity, or for the last two years, there has been no owner activity on the deposit, account, shares, or other interest; (2) identify the deposit, account, shares, or other interest by number or identifier, which need not exceed four digits; (3) indicate that the deposit, account, shares, or other interest is in danger of escheating to the state; and (4) specify that the Unclaimed Property Law requires banking and financial organizations to transfer funds of a deposit, account, shares, or other interest if it has been inactive for three years. It shall also include a form, as prescribed by the Controller, by which the owner may declare an intention to maintain the deposit, account, shares, or other interest. If that form is filled out, signed by the owner, and returned to the banking or financial organization, it shall satisfy the requirement of clause (iii) of subparagraph (A) of paragraph (1), clause (iii) of subparagraph (A) of paragraph (2), or clause (iii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 1513. In lieu of returning the form, the banking or financial organization may provide a telephone number or other electronic means to enable the owner to contact that organization. The contact, as evidenced by a memorandum or other record on file with the banking or financial organization, shall satisfy the requirement of clause (iii) of subparagraph (A) of paragraph (1), clause (iii) of subparagraph (A) of paragraph (2), or clause (iii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 1513. If the deposit, account, shares, or other interest has a value greater than two dollars ($2), the banking or financial organization may impose a service charge on the deposit, account, shares, or other interest for this notice in an amount not to exceed the administrative cost of mailing or electronically sending the notice and form and in no case to exceed two dollars ($2). (c) Notice as provided by subdivisions (a) and (b) shall not be required for deposits, accounts, shares, or other interests of less than fifty dollars ($50), and, except as provided in subdivision (b), no service charge may be made for notice on these items. (d) In addition to the notices required pursuant to subdivision (a), the holder may give additional notice as described in subdivision (b) at any time between the date of last activity by, or communication with, the owner and the date the holder transfers the deposit, account, shares, or other interest to the Controller. (e) At the time a new account is opened with a banking or financial organization, the organization shall provide a written notice to the person opening the account informing the person that his or her property may be transferred to the appropriate state if no activity occurs in the account within the time period specified by state law. If the person opening the account has consented to electronic notice, that notice may be provided electronically. (Amended by Stats. 2013, Ch. 362, Sec. 1. (AB 212) Effective January 1, 2014.)
  116. 1514.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Business associations holding certain safe deposit box contents in California must notify the owner before escheat, and the property escheats to the state if unclaimed for more than three years.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1514. (a) The contents of, or the proceeds of sale of the contents of, any safe deposit box or any other safekeeping repository, held in this state by a business association, escheat to this state if unclaimed by the owner for more than three years from the date on which the lease or rental period on the box or other repository expired, or from the date of termination of any agreement because of which the box or other repository was furnished to the owner without cost, whichever last occurs. (b) If a business association has in its records an address for an apparent owner of the contents of, or the proceeds of sale of the contents of, a safe deposit box or other safekeeping repository described in subdivision (a), and the records of the business association do not disclose the address to be inaccurate, the business association shall make reasonable efforts to notify the owner by mail, or, if the owner has consented to electronic notice, electronically, that the owner’s contents, or the proceeds of the sale of the contents, will escheat to the state pursuant to this section. The business association shall give notice not less than 6 months and not more than 12 months before the time the contents, or the proceeds of the sale of the contents, become reportable to the Controller in accordance with this chapter. (c) The face of the notice shall contain a heading at the top that reads as follows: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language. The notice required by this subdivision shall specify the date that the property will escheat and the effects of escheat, including the necessity for filing a claim for the return of the property. The notice required by this section shall, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading, do all of the following: (1) Identify the safe deposit box or other safekeeping repository by number or identifier. (2) State that the lease or rental period on the box or repository has expired or the agreement has terminated. (3) Indicate that the contents of, or the proceeds of sale of the contents of, the safe deposit box or other safekeeping repository will escheat to the state unless the owner requests the contents or their proceeds. (4) Specify that the Unclaimed Property Law requires business associations to transfer the contents of, or the proceeds of sale of the contents of, a safe deposit box or other safekeeping repository to the Controller if they remain unclaimed for more than three years. (5) Advise the owner to make arrangements with the business association to either obtain possession of the contents of, or the proceeds of sale of the contents of, the safe deposit box or other safekeeping repository, or enter into a new agreement with the business association to establish a leasing or rental arrangement. If an owner fails to establish such an arrangement prior to the end of the period described in subdivision (a), the contents or proceeds shall escheat to this state. (d) In addition to the notice required pursuant to subdivision (b), the business association may give additional notice in accordance with subdivision (c) at any time between the date on which the lease or rental period for the safe deposit box or repository expired, or from the date of the termination of any agreement, through which the box or other repository was furnished to the owner without cost, whichever is earlier, and the date the business association transfers the contents of, or the proceeds of sale of the contents of, the safe deposit box or other safekeeping repository to the Controller. (e) The contents of, or the proceeds of sale of the contents of, a safe deposit box or other safekeeping repository shall not escheat to the state if, as of June 30 or the fiscal yearend next preceding the date on which a report is required to be filed under Section 1530, the owner has owned, with a banking organization providing the safe deposit box or other safekeeping repository, any demand, savings, or matured time deposit, or account subject to a negotiable order of withdrawal, which has not escheated under Section 1513 and is not reportable under subdivision (d) of Section 1530. (f) The contents of, or the proceeds of sale of the contents of, a safe deposit box or other safekeeping repository shall not escheat to the state if, as of June 30 or the fiscal yearend next preceding the date on which a report is required to be filed under Section 1530, the owner has owned, with a financial organization providing the safe deposit box or other safekeeping repository, any demand, savings, or matured time deposit, or matured investment certificate, or account subject to a negotiable order of withdrawal, or other interest in a financial organization or any deposit made therewith, and any interest or dividends thereon, which has not escheated under Section 1513 and is not reportable under subdivision (d) of Section 1530. (g) The contents of, or the proceeds of sale of the contents of, a safe deposit box or other safekeeping repository shall not escheat to the state if, as of June 30 or the fiscal yearend next preceding the date on which a report is required to be filed under Section 1530, the owner has owned, with a banking or financial organization providing the safe deposit box or other safekeeping repository, any funds in an individual retirement account or under a retirement plan for self-employed individuals or similar account or plan pursuant to the internal revenue laws of the United States or the income tax laws of this state, which has not escheated under Section 1513 and is not reportable under subdivision (d) of Section 1530. (h) In the event the owner is in default under the safe deposit box or other safekeeping repository agreement and the owner has owned any demand, savings, or matured time deposit, account, or plan described in subdivision (e), (f), or (g), the banking or financial organization may pay or deliver the contents of, or the proceeds of sale of the contents of, the safe deposit box or other safekeeping repository to the owner after deducting any amount due and payable from those proceeds under that agreement. Upon making that payment or delivery under this subdivision, the banking or financial organization shall be relieved of all liability to the extent of the value of those contents or proceeds. (i) For new accounts opened for a safe deposit box or other safekeeping repository with a business association on and after January 1, 2011, the business association shall provide a written notice to the person leasing the safe deposit box or safekeeping repository informing the person that his or her property, or the proceeds of sale of the property, may be transferred to the appropriate state upon running of the time period specified by state law from the date the lease or rental period on the safe deposit box or repository expired, or from the date of termination of any agreement because of which the box or other repository was furnished to the owner without cost, whichever is earlier. (j) A business association may directly escheat the contents of a safe deposit box or other safekeeping repository without exercising its rights under Article 2 (commencing with Section 1630) of Chapter 17 of Division 1 of the Financial Code. (Amended by Stats. 2012, Ch. 162, Sec. 16. (SB 1171) Effective January 1, 2013.)
  117. 1515.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain unclaimed life insurance or annuity funds may escheat to the state after more than three years unpaid, and some policies are treated as matured when the listed conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1515. (a) Subject to Section 1510, funds held or owing by a life insurance corporation under any life or endowment insurance policy or annuity contract which has matured or terminated escheat to this state if unclaimed and unpaid for more than three years after the funds became due and payable as established from the records of the corporation. (b) If a person other than the insured or annuitant is entitled to the funds and no address of that person is known to the corporation or if it is not definite and certain from the records of the corporation what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured or annuitant according to the records of the corporation. This presumption is a presumption affecting the burden of proof. (c) A life insurance policy not matured by actual proof of the death of the insured according to the records of the corporation is deemed to be matured and the proceeds due and payable if: (1) The insured has attained, or would have attained if he or she were living, the limiting age under the mortality table on which the reserve is based. (2) The policy was in force at the time the insured attained, or would have attained, the limiting age specified in paragraph (1). (3) Neither the insured nor any other person appearing to have an interest in the policy has, within the preceding three years, according to the records of the corporation (i) assigned, readjusted, or paid premiums on the policy, (ii) subjected the policy to loan, or (iii) corresponded in writing with the life insurance corporation concerning the policy. (d) Any funds otherwise payable according to the records of the corporation are deemed due and payable although the policy or contract has not been surrendered as required. (Amended by Stats. 1993, Ch. 692, Sec. 3. Effective January 1, 1994.)
  118. 1515.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Property distributed in certain insurance demutualizations or related reorganizations is treated as abandoned at different times depending on whether the mailing was undeliverable and whether the owner communicated with the holder.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1515.5. Property distributable in the course of a demutualization or related reorganization of an insurance company is deemed abandoned as follows: (a) On the date of the demutualization or reorganization, if the instruments or statements reflecting the distribution are not mailed to the owner because the address on the books and records for the holder is known to be incorrect. (b) Two years after the date of the demutualization or reorganization, if instruments or statements reflecting the distribution are mailed to the owner and returned by the post office as undeliverable and the owner has done neither of the following: (1) Communicated in writing with the holder or its agent regarding the property. (2) Otherwise communicated with the holder or its agent regarding the property as evidenced by a memorandum or other record on file with the holder or its agent. (c) Three years after the date of the demutualization or reorganization, if instruments or statements reflecting the distribution are mailed to the owner and not returned by the post office as undeliverable and the owner has done neither of the following: (1) Communicated in writing with the holder or its agent regarding the property. (2) Otherwise communicated with the holder or its agent regarding the property as evidenced by a memorandum or other record on file with the holder or its agent. (Added by Stats. 2003, Ch. 304, Sec. 2. Effective January 1, 2004.)
  119. 1516.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Business associations must try to notify owners before certain unclaimed interests escheat to the state, and they may charge a limited service fee for the notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1516. (a) Subject to Section 1510, any dividend, profit, distribution, interest, payment on principal, or other sum held or owing by a business association for or to its shareholder, certificate holder, member, bondholder, or other security holder, or a participating patron of a cooperative, who has not claimed it, or corresponded in writing with the business association concerning it, within three years after the date prescribed for payment or delivery, escheats to this state. (b) Subject to Section 1510, any intangible interest in a business association, as evidenced by the stock records or membership records of the association, escheats to this state if (1) the interest in the association is owned by a person who for more than three years has neither claimed a dividend or other sum referred to in subdivision (a) nor corresponded in writing with the association or otherwise indicated an interest as evidenced by a memorandum or other record on file with the association, and (2) the association does not know the location of the owner at the end of the three-year period. With respect to the interest, the business association shall be deemed the holder. (c) Subject to Section 1510, any dividends or other distributions held for or owing to a person at the time the stock or other security to which they attach escheats to this state also escheat to this state as of the same time. (d) If the business association has in its records an address for the apparent owner, which the business association’s records do not disclose to be inaccurate, with respect to any interest that may escheat pursuant to subdivision (b), the business association shall make reasonable efforts to notify the owner by mail or, if the owner has consented to electronic notice, electronically, that the owner’s interest in the business association will escheat to the state. The notice shall be given not less than 6 nor more than 12 months before the time the interest in the business association becomes reportable to the Controller in accordance with this chapter. The face of the notice shall contain a heading at the top that reads as follows: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language. The notice required by this subdivision shall specify the time that the interest will escheat and the effects of escheat, including the necessity for filing a claim for the return of the interest. The notice required by this section shall, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading, (1) specify that since the date of last activity, or for the last two years, there has been no owner activity on the deposit, account, shares, or other interest; (2) identify the deposit, account, shares, or other interest by number or identifier, which need not exceed four digits; (3) indicate that the deposit, account, shares, or other interest is in danger of escheating to the state; and (4) specify that the Unclaimed Property Law requires business associations to transfer funds of a deposit, account, shares, or other interest if it has been inactive for three years. It shall also include a form, as prescribed by the Controller, by which the owner may confirm the owner’s current address. If that form is filled out, signed by the owner, and returned to the holder, it shall be deemed that the business association knows the location of the owner. In lieu of returning the form, the business association may provide a telephone number or other electronic means to enable the owner to contact the association. With that contact, as evidenced by a memorandum or other record on file with the business association, the business association shall be deemed to know the location of the owner. The business association may impose a service charge on the deposit, account, shares, or other interest for this notice and form in an amount not to exceed the administrative cost of mailing or electronically sending the notice and form, and in no case to exceed two dollars ($2). (e) In addition to the notice required pursuant to subdivision (d), the holder may give additional notice as described in subdivision (d) at any time between the date of last activity by, or communication with, the owner and the date the holder transfers the deposit, shares, or other interest to the Controller. (f) The interest that escheats pursuant to subdivision (b) shall not be reportable pursuant to Section 1530 unless and until the per share value, as set forth in Section 1172.80 of Title 2 of the California Code of Regulations, is equal to or greater than one cent ($0.01) or the aggregate value of the security held exceeds one thousand dollars ($1,000). (Amended by Stats. 2022, Ch. 420, Sec. 12. (AB 2960) Effective January 1, 2023.)
  120. 1516.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    A business association must send notice to an owner by certified mail when it has a valid mailing address on file, may send notice electronically in some cases, and a holder must try to get the minimum keys needed to transfer a digital financial asset within 60 days after escheat eligibility is determined.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1516.5. (a) Pursuant to Section 1510, any digital financial asset held or owing by a business association escheats to the state if unclaimed by the owner for more than three years from either of the following: (1) The date a written or electronic communication to the owner is returned undelivered by the United States Postal Service or by electronic mail or other electronic messaging method, as applicable. (2) The date of the last exercise of an act of ownership interest by the owner in the digital asset account if the owner does not receive written or electronic communications from the holder or the holder does not have the means of systematically tracking or monitoring the nondelivery of those communications. (b) The running of the three-year period under paragraph (1) of subdivision (a) shall cease immediately upon the exercise of an act of ownership interest in the digital asset account or written, oral, or electronic communication with the holder as evidenced by a memorandum or other record on file with the holder or its agents. (c) For purposes of this section, an “exercise of an act of ownership interest” includes any of the following actions by the owner regarding the digital asset account: (1) Conducting a transaction regarding the digital asset account, including buying or selling digital assets, depositing into or withdrawing from the account fiat currency or other property whether by a one-time transaction or a recurring transaction previously authorized by the owner. (2) Electronically accessing the digital asset account. (3) Conducting any activity with respect to another digital asset account or any other property owned by the owner with the same holder. (4) Taking any other action that reasonably demonstrates to the holder that the owner knows that the property exists. (d) (1) The last known address of an apparent owner, for the purpose of determining the jurisdiction over property subject to escheat pursuant to this section, is either of the following: (A) The address used for purposes of delivering first-class United States mail. (B) Any description, code, or other indication of the location of the apparent owner that identifies the state of last known address, even if the description, code, or indication of the location is not sufficient to direct the delivery of first-class United States Postal Service mail to the apparent owner. (2) If there is a conflict between the address identified in subparagraph (A) of paragraph (1) and any description, code, or other indication identified in subparagraph (B) of paragraph (1), the address identified in subparagraph (A) shall be deemed as the last known address of the apparent owner. (e) If the business association has a mailing address for the apparent owner of a digital financial asset in its records, which is not known to be inaccurate, the business association shall send a notice to the owner via certified mail, return receipt requested. (f) If the business association does not have a mailing address for the apparent owner of a digital financial asset in its records, and the apparent owner has consented to electronic service, the notice may be sent electronically. (g) Notice pursuant to this subdivision shall be sent not less than 6 nor more than 12 months before the time the digital financial asset becomes reportable to the Controller under this chapter. (1) The notice shall state at the top of the communication: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language. (2) The notice shall specify the time when the digital financial asset will escheat and the effects of escheat, including the need to file a claim for the return of the digital financial asset. (3) The notice shall do all of the following, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading: (A) Specify that since the date of last interest, or for the last two years, there has been no indication of owner interest in the digital financial asset. (B) Identify the digital financial asset by number or identifier, which need not exceed four digits. (C) Indicate that the digital financial asset is in danger of escheating to the state. (D) Specify that the Unclaimed Property Law requires business associations to transfer a digital financial asset if it has been unclaimed for three years. (4) The notice shall include a form, prescribed by the Controller, by which the owner may confirm the owner’s current address. If that form is completed, signed by the owner, and returned to the holder of the digital financial asset, or other device in which the owner’s property is being held, it is no longer considered inactive and the escheat period restarts. In lieu of returning the form, the holder may provide a telephone number or electronic means to enable the owner to contact the holder. If a holder is contacted by a presumed owner by telephone or electronic means, the holder shall document that contact in a memorandum which the holder is required to keep on file. That contact serves to indicate owner interest in the digital financial asset and restarts the escheat period. (h) In addition to the notice required pursuant to subdivision (b) or (c), the holder may give additional notice at any time between the date of last owner interest and the date the holder transfers the digital financial asset to the Controller. (i) The holder of any partial key to any digital financial asset that is subject to Section 1516.5 shall attempt to obtain the minimum number of keys required to transfer the digital financial assets within 60 days of determination that the digital financial assets are eligible for escheatment. (Added by Stats. 2025, Ch. 660, Sec. 3. (SB 822) Effective January 1, 2026.)
  121. 1517.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Unclaimed property from certain business or insurance dissolutions or liquidations must be handled differently after six months.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1517. (a) All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a business association that is unclaimed by the owner within six months after the date of final distribution or liquidation escheats to this state. (b) All property distributable in the course of voluntary or involuntary dissolution or liquidation of an insurer or other person brought under Article 14 (commencing with Section 1010) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, that is unclaimed by the owner after six months of the date of final distribution, shall be transferred to the Department of Insurance, with any proceeds of sale of property and other funds to be deposited in the Insurance Fund for expenditure as provided in Section 12937 of the Insurance Code. (c) This section applies to all tangible personal property located in this state and, subject to Section 1510, to all intangible personal property. (Amended by Stats. 1996, Ch. 187, Sec. 1. Effective July 19, 1996.)
  122. 1518.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain unclaimed tangible and intangible property held in a fiduciary capacity escheats to the state after three years unless specified conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1518. (a) (1) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, including intangible personal property maintained in a deposit or account, and the income or increment on such tangible or intangible property, held in a fiduciary capacity for the benefit of another person escheats to this state if for more than three years after it becomes payable or distributable, the owner has not done any of the following: (A) Increased or decreased the principal. (B) Accepted payment of principal or income. (C) Corresponded in writing concerning the property. (D) Otherwise indicated an interest in the property as evidenced by a memorandum or other record on file with the fiduciary. (2) Notwithstanding paragraph (1), tangible or intangible property, and the income or increment on the tangible or intangible property, held in a fiduciary capacity for another person shall not escheat to the state if the requirements of subparagraphs (A) and (B) are satisfied. (A) During the previous three years, the fiduciary took one of the following actions: (i) Held another deposit or account for the benefit of the owner. (ii) Maintained a deposit or account on behalf of the owner in an individual retirement account. (iii) Held funds or other property under a retirement plan for a self-employed individual, or similar account or plan, established pursuant to the internal revenue laws of the United States or the laws of this state. (B) During the previous three years, the owner has done any of the acts described in subparagraph (A), (B), (C), or (D) of paragraph (1) with respect to the deposit, account, or plan described in subparagraph (A), and the fiduciary has communicated electronically or in writing with the owner at the address to which communications regarding that deposit, account, or plan are regularly sent, with regard to the deposit, account, or plan that would otherwise escheat under this subdivision. “Communications,” for purposes of this subparagraph, includes account statements or statements required under the internal revenue laws of the United States. (b) Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States or of this state are not payable or distributable within the meaning of subdivision (a) unless either of the following is true: (1) Under the terms of the account or plan, distribution of all or part of the funds would then be mandatory. (2) For an account or plan not subject to mandatory distribution requirement under the internal revenue laws of the United States or the laws of this state, the owner has attained 701/2 years of age. (c) For the purpose of this section, when a person holds property as an agent for a business association, he or she is deemed to hold the property in a fiduciary capacity for the business association alone, unless the agreement between him or her and the business association clearly provides the contrary. For the purposes of this chapter, if a person holds property in a fiduciary capacity for a business association alone, he or she is the holder of the property only insofar as the interest of the business association in the property is concerned and the association is deemed to be the holder of the property insofar as the interest of any other person in the property is concerned. (Amended by Stats. 2011, Ch. 305, Sec. 5. (SB 495) Effective January 1, 2012.)
  123. 1518.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain preneed funeral trust funds escheat to the state after specified dormancy and trigger events, and trustees or funeral establishments must not charge search/verification fees directly to the trust, trustor, or beneficiary.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1518.5. (a) Subject to Section 1510, funds maintained in a preneed funeral trust or similar account or plan escheat to the state if, for more than three years after the funds became payable and distributable pursuant to subdivision (b), as established from the records of the funeral establishment or trustee, the beneficiary or trustor has not corresponded electronically or in writing concerning the property or otherwise indicated an interest, as evidenced by a memorandum or other record on file with the funeral establishment or trustee. (b) For the purposes of this section, the corpus of a preneed funeral trust or similar account or plan, together with any income accrued, less a revocation fee not to exceed the amount reserved pursuant to Section 7735 of the Business and Professions Code, becomes payable and distributable under any of the following circumstances: (1) The beneficiary of the trust attained, or would have attained if living, 105 years of age. (2) Forty-five years have passed since execution of the preneed funeral agreement. (3) The holder received notification of the death or presumed death of the beneficiary and has not provided the contracted funeral merchandise or services. (4) The preneed funeral trust is a preneed installment trust and the amount due to the funeral establishment from the trustor has not been paid during the three preceding years and neither the trustor nor the beneficiary has communicated with either the funeral establishment or the trustee about the preneed funeral installment trust during that three-year period. (c) For purposes of this section, except subdivision (d), the funeral establishment obligated to provide preneed funeral services under the trust or similar account or plan is the holder. For purposes of subdivision (d), the trustee is the holder. (d) (1) All funds, including accrued income and revocation fees reserved pursuant to Section 7735 of the Business and Professions Code, maintained in a preneed funeral trust or similar account or plan held by a trustee for a funeral establishment that has been dissolved, closed, or had its license revoked shall escheat to the state if unclaimed by the funeral establishment, beneficiary, trustor, or legal representative of either the beneficiary or trustor within six months after the date of final distribution or liquidation. (2) Notwithstanding paragraph (1), the revocation fee pursuant to Section 7735 of the Business and Professions Code shall not be retained by the funeral establishment. (e) Escheatment of preneed funeral trust funds to the Controller shall release the funeral establishment from the obligation of furnishing the personal property, funeral merchandise, or services originally arranged in the preneed funeral agreement associated with the trust. However, if the funeral establishment provided personal property, or funeral merchandise or services to the beneficiary after funds have escheated, the funeral establishment shall be entitled to recover the escheated funds upon submission to the Controller of a death certificate and a statement detailing the personal property or funeral merchandise or services provided pursuant to Section 1560. (f) Nothing in this section, or any other law or regulation, shall require escheatment of any funds received by a funeral establishment, cemetery, or other person from property or funeral merchandise or services provided under Chapter 4 (commencing with Section 8600) of Part 3 of Division 8 of the Health and Safety Code. (g) A trustee or a funeral establishment shall not charge the trust, a trustor, or a beneficiary any fees or costs associated with a search or verification conducted pursuant to this section. However, a trustee or funeral establishment may incorporate fees or costs associated with a search or verification as part of the administration of the trust pursuant to Section 7735 of the Business and Professions Code. (h) Delivery of the corpus of the trust, and the income accrued to the trust, to the funeral establishment, the trustor, the beneficiary, or the Controller pursuant to this article shall relieve the trustee of any further liability with regard to those funds. (i) This section shall become operative on January 1, 2023. (Added by Stats. 2021, Ch. 514, Sec. 5. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  124. 1519.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain unclaimed tangible property in California, and some unclaimed intangible property held by government entities, escheats to the state after more than three years.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1519. All tangible personal property located in this state, and, subject to Section 1510, all intangible personal property, held for the owner by any government or governmental subdivision or agency, that has remained unclaimed by the owner for more than three years escheats to this state. (Amended by Stats. 1990, Ch. 450, Sec. 10. Effective July 31, 1990.)
  125. 1519.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Unclaimed refund sums held by a business association escheat to the state if they stay unclaimed for more than one year after becoming payable, subject to Section 1510.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1519.5. Subject to Section 1510, any sums held by a business association that have been ordered to be refunded by a court or an administrative agency including, but not limited to, the Public Utilities Commission, which have remained unclaimed by the owner for more than one year after becoming payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, escheats to this state. It is the intent of the Legislature that the provisions of this section shall apply retroactively to all funds held by business associations on or after January 1, 1977, and which remain undistributed by the business association as of the effective date of this act. Further, it is the intent of the Legislature that nothing in this section shall be construed to change the authority of a court or administrative agency to order equitable remedies. (Added by Stats. 1984, Ch. 1096, Sec. 1.)
  126. 1520.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Unclaimed tangible personal property in a holder’s business generally escheats to the state after more than three years unclaimed, and holders must send specified notices to certain owners.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1520. (a) All tangible personal property located in this state and, subject to Section 1510, all intangible personal property, except property of the classes mentioned in Sections 1511, 1513, 1514, 1515, 1515.5, 1516, 1516.5, 1517, 1518, 1518.5, 1519, and 1521, including any income or increment thereon and deducting any lawful charges, that is held or owing in the ordinary course of the holder’s business and has remained unclaimed by the owner for more than three years after it became payable or distributable escheats to this state. (b) Except as provided in subdivision (a) of Section 1513.5, subdivision (b) of Section 1514, subdivision (d) of Section 1516, and subdivisions (b) and (c) of Section 1516.5, if the holder has in its records an address for the apparent owner of property valued at fifty dollars ($50) or more, which the holder’s records do not disclose to be inaccurate, the holder shall make reasonable efforts to notify the owner by mail or, if the owner has consented to electronic notice, electronically, that the owner’s property will escheat to the state pursuant to this chapter. The notice shall be mailed not less than 6 nor more than 12 months before the time when the owner’s property held by the business becomes reportable to the Controller in accordance with this chapter. The face of the notice shall contain a heading at the top that reads as follows: “THE STATE OF CALIFORNIA REQUIRES US TO NOTIFY YOU THAT YOUR UNCLAIMED PROPERTY MAY BE TRANSFERRED TO THE STATE IF YOU DO NOT CONTACT US,” or substantially similar language. The notice required by this subdivision shall specify the time when the property will escheat and the effects of escheat, including the need to file a claim in order for the owner’s property to be returned to the owner. The notice required by this section shall, in boldface type or in a font a minimum of two points larger than the rest of the notice, exclusive of the heading, (1) specify that since the date of last activity, or for the last two years, there has been no owner activity on the deposit, account, shares, or other interest; (2) identify the deposit, account, shares, or other interest by number or identifier, which need not exceed four digits; (3) indicate that the deposit, account, shares, or other interest is in danger of escheating to the state; and (4) specify that the Unclaimed Property Law requires holders to transfer funds of a deposit, account, shares, or other interest if it has been inactive for three years. It shall also include a form, as prescribed by the Controller, by which the owner may confirm the owner’s current address. If that form is filled out, signed by the owner, and returned to the holder, it shall be deemed that the account, or other device in which the owner’s property is being held, remains currently active and recommences the escheat period. In lieu of returning the form, the holder may provide a telephone number or other electronic means to enable the owner to contact the holder. With that contact, as evidenced by a memorandum or other record on file with the holder, the account or other device in which the owner’s property is being held shall be deemed to remain currently active and shall recommence the escheat period. The holder may impose a service charge on the deposit, account, shares, or other interest for this notice in an amount not to exceed the administrative cost of mailing or electronically sending the notice and form, and in no case to exceed two dollars ($2). (c) In addition to the notice required pursuant to subdivision (b), the holder may give additional notice as described in subdivision (b) at any time between the date of last activity by, or communication with, the owner and the date the holder transfers the property to the Controller. (d) For purposes of this section, “lawful charges” means charges that are specifically authorized by statute, other than the Unclaimed Property Law, or by a valid, enforceable contract. (Amended by Stats. 2025, Ch. 660, Sec. 4. (SB 822) Effective January 1, 2026.)
  127. 1520.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Section 1520 does not apply to certain gift certificates, but it does apply to gift certificates with an expiration date that are given in exchange for money or other value.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1520.5. Section 1520 does not apply to gift certificates subject to Title 1.4A (commencing with Section 1749.45) of Part 4 of Division 3 of the Civil Code. However, Section 1520 applies to any gift certificate that has an expiration date and that is given in exchange for money or any other thing of value. (Amended by Stats. 2003, Ch. 116, Sec. 3. Effective January 1, 2004.)
  128. 1521.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Employee benefit plan distributions generally escheat to the state after three years unless a stated forfeiture exception applies; a participant with residuals may claim relief from a forfeiture.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1521. (a) Except as provided in subdivision (b), and subject to Section 1510, all employee benefit plan distributions and any income or other increment thereon escheats to the state if the owner has not, within three years after it becomes payable or distributable, accepted the distribution, corresponded in writing concerning the distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which the trust or fund is established. As used in this section, “fiduciary” means any person exercising any power, authority, or responsibility of management or disposition with respect to any money or other property of a retirement system or plan, and “administrator” means the person specifically so designated by the plan, trust agreement, contract, or other instrument under which the retirement system or plan is operated, or if none is designated, the employer. (b) Except as provided in subdivision (c), an employee benefit plan distribution and any income or other increment thereon shall not escheat to this state if, at the time the distribution shall become payable to a participant in an employee benefit plan, the plan contains a provision for forfeiture or expressly authorizes the administrator to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in the plan, and the trust or fund established under the plan has not terminated prior to the date on which the distribution would become forfeitable in accordance with the provision. (c) A participant entitled to an employee benefit plan distribution in the form of residuals shall be relieved from a forfeiture declared under subdivision (b) upon the making of a claim therefor. (Amended by Stats. 1990, Ch. 450, Sec. 12. Effective July 31, 1990.)
  129. 1522.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    A holder may not deduct or withhold status-based service, handling, maintenance, or similar fees from property subject to escheat unless this chapter specifically allows it.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1522. No service, handling, maintenance or other charge or fee of any kind which is imposed because of the inactive or unclaimed status contemplated by this chapter, may be deducted or withheld from any property subject to escheat under this chapter, unless specifically permitted by this chapter. Even when specifically permitted by this chapter, such charges or fees may not be excluded, withheld or deducted from property subject to this chapter if, under its policy or procedure, the holder would not have excluded, withheld or deducted such charges or fees in the event the property had been claimed by the owner prior to being reported or remitted to the Controller. (Amended by Stats. 1981, Ch. 831, Sec. 3.)
  130. 1523.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    If an insurer cannot locate a policyholder after a good-faith effort, the rebate funds escheat to the state and must be delivered to the Controller.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1523. If an insurer, after a good faith effort to locate and deliver to a policyholder a Proposition 103 rebate ordered or negotiated pursuant to Section 1861.01 of the Insurance Code, determines that a policyholder cannot be located, all funds attributable to that rebate escheat to the state and shall be delivered to the Controller. The funds subject to escheat on or after July 1, 1997, shall be transferred by the Controller to the Department of Insurance for deposit in the Insurance Fund in the following amounts and for the following purposes: (a) Up to the amount that will repay principal and interest on the General Fund loan authorized by Item 0845-001-0001 of the Budget Act of 1996 for expenditure as provided in Section 12936 of the Insurance Code. (b) The sum of four million dollars ($4,000,000) for expenditure during the 1998-1999 fiscal year as provided in Section 12967 of the Insurance Code. (Amended by Stats. 1998, Ch. 963, Sec. 1. Effective September 29, 1998.)
  131. 1528.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    This chapter does not apply to certain unclaimed funds held by qualifying life insurance corporations when the funds are used for scholarship funds, excluding administration costs.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 2. Escheat of Unclaimed Personal Property [1510 - 1528] ( Article 2 added by Stats. 1968, Ch. 356. ) ## 1528. This chapter does not apply to unclaimed funds held by a life insurance corporation which is organized or admitted as a domestic fraternal benefit society under Chapter 10 (commencing with Section 10970) of Part 2 of Division 2 of the Insurance Code, so long as such funds are used for scholarship funds, exclusive of costs of administration thereof. (Added by Stats. 1974, Ch. 1050.)
  132. 153.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 6. Seals of Courts [153- 153.] ( Article 6 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A court’s seal generally does not have to be attached to proceedings or documents, except for writs, summonses, and warrants of arrest, unless another law expressly says otherwise.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 6. Seals of Courts [153- 153.] ( Article 6 added by Code Amendments 1880, Ch. 35. ) ## 153. Except as otherwise expressly provided by law, the seal of a court need not be affixed to any proceeding therein, or to any document, except to the following: (a) A writ. (b) A summons. (c) A warrant of arrest. (Amended by Stats. 1988, Ch. 1199, Sec. 2. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  133. 1530.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain holders of escheated property must report to the Controller and file a required report on the Controller’s form.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1530. (a) Every person holding funds or other property escheated to this state under this chapter shall report to the Controller as provided in this section. (b) The report shall be on a form prescribed or approved by the Controller and shall include: (1) Except with respect to traveler’s checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of value of at least fifty dollars ($50) escheated under this chapter. This paragraph shall become inoperative on July 1, 2014. (2) Except with respect to traveler’s checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of any property of value of at least twenty-five dollars ($25) escheated under this chapter. This paragraph shall become operative on July 1, 2014. (3) In the case of escheated funds of life insurance corporations, the full name of the insured or annuitant, and his or her last known address, according to the life insurance corporation’s records. (4) In the case of the contents of a safe deposit box or other safekeeping repository or in the case of other tangible property, a description of the property and the place where it is held and may be inspected by the Controller. The report shall set forth any amounts owing to the holder for unpaid rent or storage charges and for the cost of opening the safe deposit box or other safekeeping repository, if any, in which the property was contained. (5) The nature and identifying number, if any, or description of any intangible property and the amount appearing from the records to be due, except that items of value under twenty-five dollars ($25) each may be reported in aggregate. (6) Except for any property reported in the aggregate, the date when the property became payable, demandable, or returnable, and the date of the last transaction with the owner with respect to the property. (7) Other information which the Controller prescribes by rule as necessary for the administration of this chapter. (c) If the holder is a successor to other persons who previously held the property for the owner, or if the holder has changed his or her name while holding the property, he or she shall file with his or her report all prior known names and addresses of each holder of the property. (d) The report shall be filed before November 1 of each year as of June 30 or fiscal yearend next preceding, but the report of life insurance corporations, and the report of all insurance corporation demutualization proceeds subject to Section 1515.5, shall be filed before May 1 of each year as of December 31 next preceding. The initial report for property subject to Section 1515.5 shall be filed on or before May 1, 2004, with respect to conditions in effect on December 31, 2003, and all property shall be determined to be reportable under Section 1515.5 as if that section were in effect on the date of the insurance company demutualization or related reorganization. The Controller may postpone the reporting date upon his or her own motion or upon written request by any person required to file a report. (e) The report, if made by an individual, shall be verified by the individual; if made by a partnership, by a partner; if made by an unincorporated association or private corporation, by an officer; and if made by a public corporation, by its chief fiscal officer or other employee authorized by the holder. (Amended by Stats. 2014, Ch. 71, Sec. 21. (SB 1304) Effective January 1, 2015.)
  134. 1531.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller must publish and mail notices about escheated property within set time limits, and must not use certain funding or content in the published notice.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1531. (a) Within one year after payment or delivery of escheated property as required by Section 1532, the Controller shall cause a notice to be published in a manner that the Controller determines to be reasonable, which may include, but not be limited to, newspapers, Internet Web sites, radio, television, or other media. In carrying out this duty, the Controller shall not use any of the following: (1) Money appropriated for the Controller’s audit programs. (2) More money than the Legislature appropriates for this subdivision’s purpose. (3) A photograph in a notice. (4) An elected official’s name in a notice. (b) Within 165 days after the final date for filing the report required by Section 1530, the Controller shall mail a notice to each person having an address listed in the report who appears to be entitled to property of the value of fifty dollars ($50) or more escheated under this chapter. If the report filed pursuant to Section 1530 includes a social security number, the Controller shall request the Franchise Tax Board to provide a current address for the apparent owner on the basis of that number. The Controller shall mail the notice to the apparent owner for whom a current address is obtained if the address is different from the address previously reported to the Controller. If the Franchise Tax Board does not provide an address or a different address, then the Controller shall mail the notice to the address listed in the report required by Section 1530. (c) The mailed notice shall contain all of the following: (1) A statement that, according to a report filed with the Controller, property is being held to which the addressee appears entitled. (2) The name and address of the person holding the property and any necessary information regarding changes of name and address of the holder. (3) A statement that, if satisfactory proof of claim is not presented by the owner to the holder by the date specified in the notice, the property will be placed in the custody of the Controller and may be sold or destroyed pursuant to this chapter, and all further claims concerning the property or, if sold, the net proceeds of its sale, must be directed to the Controller. (d) This section is intended to inform owners about the possible existence of unclaimed property identified pursuant to this chapter. (Amended by Stats. 2017, Ch. 200, Sec. 1. (AB 772) Effective January 1, 2018.)
  135. 1531.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller must run a notification program about unclaimed property, and notices sent under this section cannot include a photograph or likeness of an elected official.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1531.5. (a) The Controller shall establish and conduct a notification program designed to inform owners about the possible existence of unclaimed property received pursuant to this chapter. (b) Any notice sent pursuant to this section shall not contain a photograph or likeness of an elected official. (c) (1) Notwithstanding any other law, upon the request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property. (2) If the address or other identification or location information requested by the Controller is deemed confidential under any laws or regulations of this state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information except as may be necessary in attempting to locate the owner of unclaimed property. (3) This subdivision shall not be construed to require disclosure of information in violation of federal law. (4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay that customary fee or charge. (d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act. (Added by Stats. 2007, Ch. 179, Sec. 3. Effective August 24, 2007.)
  136. 1531.6.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may send an extra notice to certain apparent owners, but the notice cannot show an elected official’s photo or likeness. Government agencies may provide location information to the Controller on request, and the Controller must keep that information confidential except when needed to find the owner. The Controller must also pay customary fees for requested information when such fees are normally charged.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1531.6. (a) In addition to the notices required pursuant to this chapter, the Controller may mail a separate notice to an apparent owner of a United States savings bond, war bond, or military award whose name is shown on or can be associated with the contents of a safe deposit box or other safekeeping repository and is different from the reported owner of the safe deposit box or other safekeeping repository. (b) A notice sent pursuant to this section shall not contain a photograph or likeness of an elected official. (c) (1) Notwithstanding any other law, upon request of the Controller, a state or local governmental agency may furnish to the Controller from its records the address or other identification or location information that could reasonably be used to locate an owner of unclaimed property. (2) If the address or other identification or location information requested by the Controller is deemed confidential under any law or regulation of the state, it shall nevertheless be furnished to the Controller. However, neither the Controller nor any officer, agent, or employee of the Controller shall use or disclose that information, except as may be necessary in attempting to locate the owner of unclaimed property. (3) This subdivision shall not be construed to require disclosure of information in violation of federal law. (4) If a fee or charge is customarily made for the information requested by the Controller, the Controller shall pay the customary fee or charge. (d) Costs for administering this section shall be subject to the level of appropriation in the annual Budget Act. (Added by Stats. 2015, Ch. 297, Sec. 1. (AB 355) Effective January 1, 2016.)
  137. 1532.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain holders must pay or deliver escheated property to the Controller within a stated time, and some cash payments must be made by electronic funds transfer.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1532. (a) Every person filing a report as provided by Section 1530 shall, no sooner than seven months and no later than seven months and 15 days after the final date for filing the report, pay or deliver to the Controller all escheated property specified in the report. Any payment of unclaimed cash in an amount of at least two thousand dollars ($2,000) shall be made by electronic funds transfer pursuant to regulations adopted by the Controller. The Controller may postpone the date for payment or delivery of the property, and the date for any report required by subdivision (b), upon the Controller’s own motion or upon written request by any person required to pay or deliver the property or file a report as required by this section. (b) If a person establishes their right to receive any property specified in the report to the satisfaction of the holder before that property has been delivered to the Controller, or it appears that, for any other reason, the property may not be subject to escheat under this chapter, the holder shall not pay or deliver the property to the Controller but shall instead file a report with the Controller, on a form and in a format prescribed or approved by the Controller, containing information pertaining to the property subject to escheat. (c) Any property not paid or delivered pursuant to subdivision (b) that is later determined by the holder to be subject to escheat under this chapter shall not be subject to the interest provision of Section 1577. (d) The holder of any interest under subdivision (b) of Section 1516 shall deliver a duplicate certificate to the Controller or shall register the securities in uncertificated form in the name of the Controller. Upon delivering a duplicate certificate or providing evidence of registration of the securities in uncertificated form to the Controller, the holder, any transfer agent, registrar, or other person acting for or on behalf of the holder in executing or delivering the duplicate certificate or registering the uncertificated securities, shall be relieved from all liability of every kind to any person including, but not limited to, any person acquiring the original certificate or the duplicate of the certificate issued to the Controller for any losses or damages resulting to that person by the issuance and delivery to the Controller of the duplicate certificate or the registration of the uncertificated securities to the Controller. (e) (1) The holder of any digital financial asset that is subject to Section 1516.5 shall, no more than 30 days after the final date for filing the report required by this section, transfer the exact digital financial asset type, private keys, and amount, unliquidated, to the Controller’s cryptocurrency custodian or as the Controller by regulation may designate. (2) If the holder possess only a partial private key to the digital financial asset or is otherwise unable to move the digital financial asset to the Controller, the holder shall maintain the digital financial asset until the additional keys required to transfer the digital financial asset become available to the holder or the holder is otherwise able to transfer the digital financial asset to the Controller. (f) Payment of any intangible property to the Controller shall be made at the office of the Controller in Sacramento or at another location as the Controller by regulation may designate. Except as otherwise agreed by the Controller and the holder, tangible personal property shall be delivered to the Controller at the place where it is held. (g) Payment is deemed complete on the date the electronic funds transfer is initiated if the settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If the settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs. (h) Any person required to pay cash by electronic funds transfer who makes the payment by means other than an authorized electronic funds transfer shall be liable for a civil penalty of 2 percent of the amount of the payment that is due pursuant to this section, in addition to any other penalty provided by law. Penalties are due at the time of payment. If the Controller finds that a holder’s failure to make payment by an appropriate electronic funds transfer in accordance with the Controller’s procedures is due to reasonable cause and circumstances beyond the holder’s control, and occurred notwithstanding the exercise of ordinary care and in the absence of willful neglect, that holder shall be relieved of the penalties. (i) An electronic funds transfer shall be accomplished by an automated clearinghouse debit, an automated clearinghouse credit, a Federal Reserve Wire Transfer (Fedwire), or by an international funds transfer. Banking costs incurred for the automated clearinghouse debit transaction by the holder shall be paid by the state. Banking costs incurred by the state for the automated clearinghouse credit transaction may be paid by the holder originating the credit. Banking costs incurred for the Fedwire transaction charged to the holder and the state shall be paid by the person originating the transaction. Banking costs charged to the holder and to the state for an international funds transfer may be charged to the holder. (j) For purposes of this section: (1) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, modem, computer, or magnetic tape, so as to order, instruct, or authorize a financial institution to credit or debit an account. (2) “Automated clearinghouse” means any federal reserve bank, or an organization established by agreement with the National Automated Clearing House Association or any similar organization, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and that authorizes an electronic transfer of funds between those banks or bank accounts. (3) “Automated clearinghouse debit” means a transaction in which the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the holder’s bank account and crediting the state’s bank account for the amount of payment. (4) “Automated clearinghouse credit” means an automated clearinghouse transaction in which the holder, through its own bank, originates an entry crediting the state’s bank account and debiting the holder’s bank account. (5) “Fedwire” means any transaction originated by the holder and utilizing the national electronic payment system to transfer funds through federal reserve banks, pursuant to which the holder debits its own bank account and credits the state’s bank account. (6) “International funds transfer” means any transaction originated by the holder and utilizing the international electronic payment system to transfer funds, pursuant to which the holder debits its own bank account, and credits the funds to a United States bank that credits the Unclaimed Property Fund. (Amended by Stats. 2025, Ch. 660, Sec. 5. (SB 822) Effective January 1, 2026.)
  138. 1532.1.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller must publish notice within one year after receiving property under this section.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1532.1. Notwithstanding Sections 1531 and 1532, property that escheats to the state pursuant to Section 1514 shall not be paid or delivered to the state until the earlier of (a) the time when the holder is requested to do so by the Controller or (b) within one year after the final date for filing the report required by Section 1530 as specified in subdivision (d) of Section 1530. Within one year after receipt of property as provided by this section, the Controller shall cause a notice to be published as provided in Section 1531. (Amended by Stats. 1996, Ch. 762, Sec. 8. Effective January 1, 1997.)
  139. 1533.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may decide not to take custody of certain tangible personal property and must notify the holder in writing within 120 days after the Section 1530 report is received.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 3. Identification of Escheated Property [1530 - 1533] ( Heading of Article 3 added by Stats. 1968, Ch. 356. ) ## 1533. Tangible personal property may be excluded from the notices required by Section 1531, shall not be delivered to the Controller, and shall not escheat to the state, if the Controller, in their discretion, determines that it is not in the interest of the state to take custody of the property and notifies the holder in writing, within 120 days from receipt of the report required by Section 1530, of their determination not to take custody of the property. (Amended by Stats. 2025, Ch. 660, Sec. 6. (SB 822) Effective January 1, 2026.)
  140. 1540.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    People claiming ownership of unclaimed property may file a claim with the Controller, and the claim must be on the Controller’s form and verified by the claimant.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. ) ## 1540. (a) Any person, excluding another state, who claims to have been the owner, as defined in subdivision (d), of property paid or delivered to the Controller under this chapter may file a claim to the property or to the net proceeds from its sale. The claim shall be on a form prescribed by the Controller and shall be verified by the claimant. (b) The Controller shall consider each claim within 180 days after it is filed to determine if the claimant is the owner, as defined in subdivision (d), and may hold a hearing and receive evidence. The Controller shall give written notice to the claimant if the Controller denies the claim in whole or in part. The notice may be given by mailing it to the address, if any, stated in the claim as the address to which notices are to be sent. If no address is stated in the claim, the notice may be mailed to the address, if any, of the claimant as stated in the claim. A notice of denial need not be given if the claim fails to state either an address to which notices are to be sent or an address of the claimant. (c) Interest shall not be payable on any claim paid under this chapter. (d) Notwithstanding subdivision (g) of Section 1501, for purposes of filing a claim pursuant to this section, “owner” means the person who had legal right to the property before its escheat, the person’s heirs or estate representative, the person’s guardian or conservator, or a public administrator acting pursuant to the authority granted in Sections 7660 and 7661 of the Probate Code. An “owner” also means a nonprofit civic, charitable, or educational organization that granted a charter, sponsorship, or approval for the existence of the organization that had the legal right to the property before its escheat but that has dissolved or is no longer in existence, if the charter, sponsorship, approval, organization bylaws, or other governing documents provide that unclaimed or surplus property shall be conveyed to the granting organization upon dissolution or cessation to exist as a distinct legal entity. Only an owner, as defined in this subdivision, may file a claim with the Controller pursuant to this article. (e) Following a public hearing, the Controller shall adopt guidelines and forms that shall provide specific instructions to assist owners in filing claims pursuant to this article. (f) Notwithstanding any other provision, property reported to, and received by, the Controller pursuant to this chapter in the name of a state agency, including the University of California and the California State University, or a local agency, including a school district and community college district, may be transferred by the Controller directly to the state or local agency without the filing of a claim. Property transferred pursuant to this subdivision is immune from suit pursuant to Section 1566 in the same manner as if the state or local agency had filed a claim to the property. For purposes of this subdivision, “local agency” means a city, county, city and county, or district. (Amended by Stats. 2020, Ch. 36, Sec. 26. (AB 3364) Effective January 1, 2021.)
  141. 1541.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    A qualifying person may sue the Controller to establish a claim, but must do so within the stated deadlines and serve the Controller and Attorney General.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. ) ## 1541. Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days after the filing of the claim, may commence an action, naming the Controller as a defendant, to establish his or her claim in the superior court in any county or city and county in which the Attorney General has an office. The action shall be brought within 90 days after the decision of the Controller or within 270 days from the filing of the claim if the Controller fails to make a decision. The summons and a copy of the complaint shall be served upon the Controller and the Attorney General and the Controller shall have 60 days within which to respond by answer. The action shall be tried without a jury. (Amended by Stats. 2003, Ch. 228, Sec. 9. Effective August 11, 2003.)
  142. 1542.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Another state may recover escheated property from the Controller if specific conditions are met, and the claim must be filed in writing and decided within 180 days.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. ) ## 1542. (a) At any time after property has been paid or delivered to the Controller under this chapter, another state is entitled to recover the property if: (1) The property escheated to this state under subdivision (b) of Section 1510 because no address of the apparent owner of the property appeared on the records of the holder when the property was escheated under this chapter, the last known address of the apparent owner was in fact in that other state, and, under the laws of that state, the property escheated to that state. (2) The last known address of the apparent owner of the property appearing on the records of the holder is in that other state and, under the laws of that state, the property has escheated to that state. (3) The property is the sum payable on a travelers check, money order, or other similar instrument that escheated to this state under Section 1511, the travelers check, money order, or other similar instrument was in fact purchased in that other state, and, under the laws of that state, the property escheated to that state. (4) The property is funds held or owing by a life insurance corporation that escheated to this state by application of the presumption provided by subdivision (b) of Section 1515, the last known address of the person entitled to the funds was in fact in that other state, and, under the laws of that state, the property escheated to that state. (b) The claim of another state to recover escheated property under this section shall be presented in writing to the Controller, who shall consider the claim within 180 days after it is presented. The Controller may hold a hearing and receive evidence. The Controller shall allow the claim upon determination that the other state is entitled to the escheated property. (c) Paragraphs (1) and (2) of subdivision (a) do not apply to property described in paragraph (3) or (4) of that subdivision. (Amended by Stats. 2003, Ch. 228, Sec. 10. Effective August 11, 2003.)
  143. 1543.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may streamline claim payments by reducing required documents, allowing online document submission, and authorizing direct deposit.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 4. Payment of Claims [1540 - 1543] ( Article 4 added by Stats. 1968, Ch. 356. ) ## 1543. Notwithstanding Section 1540, the Controller may do any of the following to streamline the secure payment of claims: (a) Minimize the number of documents a claimant is required to submit for property valued at less than five thousand dollars ($5,000). (b) Allow electronic submission of documentation to the Controller’s internet website for any claim deemed appropriate by the Controller. (c) Authorize direct deposit by electronic fund transfer for the payment of an approved claim. (Added by Stats. 2022, Ch. 270, Sec. 1. (AB 1208) Effective January 1, 2023.)
  144. 155.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 7. Special Immigrant Juvenile Findings [155- 155.] ( Chapter 7 added by Stats. 2014, Ch. 685, Sec. 1. )

    Verify source ↗

    This section lets a superior court make special immigrant juvenile findings and requires the court to issue an order when the request and evidence meet the statute.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 7. Special Immigrant Juvenile Findings [155- 155.] ( Chapter 7 added by Stats. 2014, Ch. 685, Sec. 1. ) ## 155. (a) (1) A superior court has jurisdiction under California law to make judicial determinations regarding the dependency or custody, or both, and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101 et seq. and 8 C.F.R. Sec. 204.11), which includes, but is not limited to, the juvenile, probate, and family court divisions of the superior court. These courts have jurisdiction to make the judicial determinations necessary to enable a child to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code. (2) The judicial determinations set forth in paragraph (1) of subdivision (b) may be made for a child up to 21 years of age at any point in a proceeding regardless of the division of the superior court or type of proceeding if the prerequisites of that subdivision are met. A nunc pro tunc entry is permissible and shall not require proof of any clerical or other error, as long as the determinations could have been made as of the nunc pro tunc date. (b) (1) If an order is requested from the superior court making the necessary determinations regarding special immigrant juvenile status pursuant to Section 1101(a)(27)(J) of Title 8 of the United States Code, and there is evidence to support those determinations, which may consist solely of, but is not limited to, a declaration by the child who is the subject of the petition, the court shall issue the order, which shall include all of the following determinations, each of which shall be supported by reference to the relevant provisions of California law: (A) The child was either of the following: (i) Declared a dependent of the court. (ii) Legally committed to, or placed under the custody of, a state agency or department, or an individual or entity appointed by the court. The court shall indicate the date on which the dependency, commitment, or custody was ordered and the factual basis for making the order. (B) That reunification of the child with one or both of the child’s parents was determined not to be viable because of abuse, neglect, abandonment, or a similar basis pursuant to California law. The court shall indicate the date on which reunification was determined not to be viable, and the factual basis for making the determination. (C) That it is not in the best interest of the child to be returned to the child’s, or the child’s parent’s, previous country of nationality or country of last habitual residence. The court shall indicate the factual basis for making the determination. (2) The superior court may make additional determinations pursuant to this section that are supported by evidence only if requested by a party. The asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile shall not be admissible in making the findings under this section. The court shall not include nor reference the asserted, purported, or perceived motivation of the child seeking classification as a special immigrant juvenile in the court’s findings under this section. (3) If a court grants an order that includes the determinations described in paragraph (1), and the person who requested the determinations has submitted a request for expedited processing accompanied by a properly conformed proposed order, the court shall provide the person who requested the determinations with a certified copy of the order within three court days of the date of the hearing at which the determinations were made, or the date the proposed order was submitted, whichever is later. (c) In any judicial proceedings in response to a request that the superior court make the determinations necessary to support a petition for classification as a special immigrant juvenile, information regarding the child’s immigration status that is not otherwise protected by state confidentiality laws shall remain confidential and shall be available for inspection only by the court, the child who is the subject of the proceeding, the parties, the attorneys for the parties, the child’s counsel, and the child’s guardian. (d) In any judicial proceedings in response to a request that the superior court make the findings necessary to support a petition for classification as a special immigrant juvenile, records of the proceedings that are not otherwise protected by state confidentiality laws may be sealed using the procedure set forth in California Rules of Court 2.550 and 2.551. (e) This section shall be operative on January 1, 2025. (Amended (as added by Stats. 2023, Ch. 851, Sec. 2) by Stats. 2024, Ch. 955, Sec. 1. (AB 2224) Effective January 1, 2025.)
  145. 1560.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    After escheated property is paid or delivered to the Controller, the state takes custody and safekeeping responsibility. The section also lets certain holders seek reimbursement or reclaim property, and lets the Controller use affidavits as proof in its discretion.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1560. (a) Upon the payment or delivery of escheated property to the Controller, the state shall assume custody and shall be responsible for the safekeeping of the property. Any person who pays or delivers escheated property to the Controller under this chapter and who, prior to escheat, if the person’s records contain an address for the apparent owner that the holder’s records do not disclose to be inaccurate, has made reasonable efforts to notify the owner by mail or, if the owner has consented to electronic notice, electronically, in substantial compliance with Sections 1513.5, 1514, 1516, and 1520, that the owner’s property, deposit, account, shares, or other interest will escheat to the state, is relieved of all liability to the extent of the value of the property so paid or delivered for any claim that then exists or that thereafter may arise or be made in respect to the property. Property removed from a safe-deposit box or other safekeeping repository shall be received by the Controller subject to any valid lien of the holder for rent and other charges, the rent and other charges to be paid out of the proceeds remaining after the Controller has deducted therefrom their selling cost. (b) Any holder who has paid moneys to the Controller pursuant to this chapter may make payment to any person appearing to that holder to be entitled thereto, and upon filing proof of the payment and proof that the payee was entitled thereto, the Controller shall forthwith reimburse the holder for the payment without deduction of any fee or other charges. Where reimbursement is sought for a payment made on a negotiable instrument, including a traveler’s check or money order, the holder shall be reimbursed under this subdivision upon filing proof that the instrument was duly presented to them and that payment was made thereon to a person who appeared to the holder to be entitled to payment. (c) The holder shall be reimbursed under this section even if they made the payment to a person whose claim against them was barred because of the expiration of any period of time as those described in Section 1570. (d) Any holder who has delivered personal property, including a certificate of any interest in a business association, to the Controller pursuant to this chapter may reclaim the personal property if still in the possession of the Controller without payment of any fee or other charges upon filing proof that the owner thereof has claimed such personal property from the holder. The Controller may, in their discretion, accept an affidavit of the holder stating the facts that entitle the holder to reimbursement under this subdivision as sufficient proof for the purposes of this subdivision. (e) Any holder who has delivered funds maintained under a preneed funeral trust or similar account or plan to the Controller pursuant to this chapter and has fulfilled the services of the preneed funeral trust escheated to the Controller shall be reimbursed under this section upon submission of a death certificate for the beneficiary and a statement detailing the personal property or funeral merchandise or services provided. (f) This section shall become operative on January 1, 2023. (Repealed (in Sec. 8) and added by Stats. 2021, Ch. 514, Sec. 9. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
  146. 1561.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    If property was paid or delivered to the State Controller as escheated property, the Controller must defend and indemnify the holder against later claims after written notice. If property was mistakenly paid or delivered and has not been disposed of, the Controller must refund or redeliver it to the holder without fees or charges.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1561. (a) If the holder pays or delivers escheated property to the State Controller in accordance with this chapter and thereafter any person claims the property from the holder or another state claims the property from the holder under that state’s laws relating to escheat, the State Controller shall, upon written notice of such claim, defend the holder against the claim and indemnify him against any liability on the claim. (b) If any holder, because of mistake of law or fact, pays or delivers any property to the State Controller that has not escheated under this chapter and thereafter claims the property from the State Controller, the State Controller shall, if he has not disposed of the property in accordance with this chapter, refund or redeliver the property to the holder without deduction for any fee or other charge. (c) As used in this section, “escheated property” means property which this chapter provides escheats to this state, whether or not it is determined that another state had a superior right to escheat such property at the time it was paid or delivered to the State Controller or at some time thereafter. (Added by Stats. 1968, Ch. 356.)
  147. 1562.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The State Controller must credit certain increments on delivered property to the owner’s account, and the owner generally cannot claim income or other increments on money or property paid to the State Controller except as credited. The State Controller may order interest and other income from the Unclaimed Property Fund to be transferred to the General Fund.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1562. When property other than money is delivered to the State Controller under this chapter, any dividends, interest or other increments realized or accruing on such property at or prior to liquidation or conversion thereof into money, shall upon receipt be credited to the owner’s account by the State Conroller. Except for amounts so credited the owner is not entitled to receive income or other increments on money or other property paid or delivered to the State Controller under this chapter. All interest received and other income derived from the investment of moneys deposited in the Unclaimed Property Fund under the provisions of this chapter shall, on order of the State Controller, be transferred to the General Fund. (Added by renumbering Section 1514 by Stats. 1968, Ch. 356.)
  148. 1563.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller must sell escheated property under set timing and notice rules, with special rules for securities and digital financial assets, and certain claimants can recover property or sale proceeds.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1563. (a) Except as provided in subdivisions (b) and (c), all escheated property delivered to the Controller under this chapter shall be sold by the Controller to the highest bidder at public sale in whatever city in the state affords in the Controller’s judgment the most favorable market for the property involved, or the Controller may conduct the sale by electronic media, including, but not limited to, the internet, if in the Controller’s judgment it is cost effective to conduct the sale of the property involved in that manner. However, no sale shall be made pursuant to this subdivision until 18 months after the final date for filing the report required by Section 1530. The Controller may decline the highest bid and reoffer the property for sale if the Controller considers the price bid insufficient. The Controller need not offer any property for sale if, in the Controller’s opinion, the probable cost of sale exceeds the value of the property. Any sale of escheated property held under this section shall be preceded by a single publication of notice thereof, at least one week in advance of sale, in an English language newspaper of general circulation in the county where the property is to be sold. (b) Securities listed on an established stock exchange shall be sold at the prevailing prices on that exchange. Other securities may be sold over the counter at prevailing prices or by any other method that the Controller may determine to be advisable. These securities shall be sold by the Controller no sooner than 18 months, but no later than 20 months, after the actual date of filing of the report required by Section 1530. If securities delivered to the Controller remain in the custody of the Controller, a person making a valid claim for those securities under this chapter shall be entitled to receive the securities from the Controller. If the securities or digital financial assets have been sold, the person shall be entitled to receive the net proceeds received by the Controller from its sale. United States government savings bonds and United States war bonds shall be presented to the United States for payment. Subdivision (a) does not apply to the property described in this subdivision. (c) Digital financial assets held by the Controller may be converted to fiat currency at prevailing prices by any method that the Controller may determine to be advisable. The Controller shall convert such digital financial assets no sooner than 18 months, but no later than 20 months, after the actual date of filing of the report required by Section 1530. If digital financial assets delivered to the Controller remain in the custody of the Controller, a person making a valid claim for those assets under this chapter shall be entitled to receive the digital financial assets from the Controller. If the digital financial assets have been converted, the person shall be entitled to receive the net proceeds received by the Controller from its sale. (d) (1) All escheated property consisting of military awards, decorations, equipment, artifacts, memorabilia, documents, photographs, films, literature, and any other item relating to the military history of California and Californians that is delivered to the Controller is exempt from subdivision (a) and may, at the discretion of the Controller, be held in trust for the Controller at the California State Military Museum and Resource Center, or successor entity. All escheated property held in trust pursuant to this subdivision is subject to the applicable regulations of the United States Army governing Army museum activities as described in Section 179 of the Military and Veterans Code. A person claiming an interest in the escheated property may file a claim to the property pursuant to Article 4 (commencing with Section 1540). (2) The California State Military Museum and Resource Center, or successor entity, shall be responsible for the costs of storage and maintenance of escheated property delivered by the Controller under this subdivision. (e) The purchaser at any sale conducted by the Controller pursuant to this chapter shall receive title to the property purchased, free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The Controller shall execute all documents necessary to complete the transfer of title. (Amended by Stats. 2025, Ch. 660, Sec. 7. (SB 822) Effective January 1, 2026.)
  149. 1564.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Money received under this chapter must be deposited in the Abandoned Property account, and the Controller must transfer any balance over $50,000 to the General Fund each month.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1564. (a) All money received under this chapter, including the proceeds from the sale of property under Section 1563, shall be deposited in the Unclaimed Property Fund in an account titled “Abandoned Property.” (b) Notwithstanding Section 13340 of the Government Code, all money in the Abandoned Property Account in the Unclaimed Property Fund is hereby continuously appropriated to the Controller, without regard to fiscal years, for expenditure in accordance with law in carrying out and enforcing the provisions of this chapter, including, but not limited to, the following purposes: (1) For payment of claims allowed by the Controller under the provisions of this chapter. (2) For refund, to the person making such deposit, of amounts, including overpayments, deposited in error in such fund. (3) For payment of the cost of appraisals incurred by the Controller covering property held in the name of an account in such fund. (4) For payment of the cost incurred by the Controller for the purchase of lost instrument indemnity bonds, or for payment to the person entitled thereto, for any unpaid lawful charges or costs which arose from holding any specific property or any specific funds which were delivered or paid to the Controller, or which arose from complying with this chapter with respect to such property or funds. (5) For payment of amounts required to be paid by the state as trustee, bailee, or successor in interest to the preceding owner. (6) For payment of costs incurred by the Controller for the repair, maintenance, and upkeep of property held in the name of an account in such fund. (7) For payment of costs of official advertising in connection with the sale of property held in the name of an account in such fund. (8) For transfer to the General Fund as provided in subdivision (c). (9) For transfer to the Inheritance Tax Fund of the amount of any inheritance taxes determined to be due and payable to the state by any claimant with respect to any property claimed by him or her under the provisions of this chapter. (c) At the end of each month, or more often if he or she deems it advisable, the Controller shall transfer all money in the Abandoned Property Account in excess of fifty thousand dollars ($50,000) to the General Fund. Before making this transfer, the Controller shall record the name and last known address of each person appearing from the holders’ report to be entitled to the escheated property and the name and last known address of each insured person or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, and the name of the corporation. The record shall be available for public inspection at all reasonable business hours. (Amended by Stats. 1993, Ch. 692, Sec. 7. Effective January 1, 1994.)
  150. 1564.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain IOLTA escheat money must be placed into designated accounts, and the Controller must record entitled persons’ names and last known addresses before transferring the balance out of the account.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1564.5. (a) Notwithstanding any law, including, but not limited to, Section 1564, all money received under this chapter from funds held in an Interest on Lawyers’ Trust Account (IOLTA) that escheat to the state shall be administered as set forth in this section. The money shall be deposited into the Abandoned IOLTA Property Account, which is hereby established within the Unclaimed Property Fund. (b) Twenty-five percent of the money in the Abandoned IOLTA Property Account shall be deposited into the IOLTA Claims Reserve Subaccount, which is hereby established within the Abandoned IOLTA Property Account. Notwithstanding Section 13340 of the Government Code, funds in the subaccount are continuously appropriated to the Controller for the payment of all refunds and claims pursuant to this chapter related to escheated IOLTA funds. (c) The balance of the funds in the Abandoned IOLTA Property Account, excluding funds in the subaccount, shall be transferred on an annual basis to the Public Interest Attorney Loan Repayment Account established pursuant to Section 6032.5 of the Business and Professions Code. Before making this transfer, the Controller shall record the name and last known address of each person appearing from the holders’ report to be entitled to the escheated property. The record shall be available for public inspection at all reasonable business hours. (Amended by Stats. 2018, Ch. 390, Sec. 1. (AB 2350) Effective January 1, 2019.)
  151. 1565.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller must keep delivered property with no apparent commercial value for at least seven years, and may then destroy or otherwise dispose of it if the Controller determines it has no apparent commercial value.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1565. Any property delivered to the Controller pursuant to this chapter that has no apparent commercial value shall be retained by the Controller for a period of not less than seven years from the date the property is delivered to the Controller. If the Controller determines that any property delivered to him or her pursuant to this chapter has no apparent commercial value, he or she may at any time thereafter destroy or otherwise dispose of the property, and in that event no action or proceeding shall be brought or maintained against the state or any officer thereof, or against the holder for, or on account of any action taken by, the Controller pursuant to this chapter with respect to the property. (Amended by Stats. 2011, Ch. 305, Sec. 8. (SB 495) Effective January 1, 2012.)
  152. 1566.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    After payment or delivery of property to a claimant under this chapter, other claimants cannot sue the state, its officers, or employees over that property. Also, except as provided in Section 1541, no person may sue the state, its officers, or employees over transactions entered into by the State Controller under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1566. (a) When payment or delivery of money or other property has been made to any claimant under the provisions of this chapter, no suit shall thereafter be maintained by any other claimant against the state or any officer or employee thereof for or on account of such property. (b) Except as provided in Section 1541, no suit shall be maintained by any person against the state or any officer or employee thereof for or on account of any transaction entered into by the State Controller pursuant to this chapter. (Added by Stats. 1968, Ch. 356.)
  153. 1567.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Director of Parks and Recreation may examine certain unclaimed tangible personal property, and the Controller may deliver it to the director if it is found useful for a Public Resources Code purpose; when that use ends, the director must return the property to the Controller.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1567. The Director of Parks and Recreation may examine any tangible personal property delivered to the Controller under this chapter for purposes of determining whether such property would be useful under the provisions of Section 512 of the Public Resources Code. If the director makes such a determination with respect to the property, the Controller may deliver the property to the director for use in carrying out the purposes of Section 512 of the Public Resources Code. Upon the termination of any such use, the director shall return the property to the Controller. (Amended by Stats. 1981, Ch. 714, Sec. 73.)
  154. 1568.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may choose one or more custodians for certain escheated digital financial assets, and any selected custodian must hold a valid state-issued license.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 5. Administration of Unclaimed Property [1560 - 1568] ( Heading of Article 5 added by Stats. 1968, Ch. 356. ) ## 1568. (a) The Controller may select one or more custodians for the management and safekeeping of digital financial assets that have escheated to the state. Any entity selected as a custodian shall hold a valid license issued by the Department of Financial Protection and Innovation pursuant to Chapter 2 (commencing with Section 3201) of Division 1.25 of the Financial Code. (b) If the Controller selects a custodian pursuant to subdivision (a), the Controller shall consider the following criteria in making the selection: (1) Storage security to ensure the safekeeping of digital financial assets, including robust cybersecurity measures to prevent unauthorized access. (2) Capability to manage private keys associated with digital financial assets and ensure the ability to transfer or transact with the assets when required. (3) Proven experience in handling digital financial assets. (4) Compliance with all applicable federal and state regulations related to digital financial asset custody. (5) Regular reporting mechanisms to the Controller regarding the status and value of the digital financial assets in their custody. (6) Processes to reunite owners with their digital financial assets, including maintaining updated contact records and issuing timely notifications. (7) Qualifying as a “financial institution” under Chapter X of Title 31 of the Code of Federal Regulations, which subjects the qualified custodian to the anti-money laundering obligations of the federal Bank Secrecy Act (31 U.S.C. Sec. 5311 et seq.), in addition to any state-imposed anti-money laundering obligations. (8) Any other factor that the Controller deems relevant. (Added by Stats. 2025, Ch. 660, Sec. 8. (SB 822) Effective January 1, 2026.)
  155. 1570.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    When the time to sue or enforce a claim has expired, that does not stop the property from being escheated or end the holder’s duty to file the required report or to pay or deliver escheated property to the State Controller.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1570. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property from the holder, does not prevent the money or property from being escheated, nor affect any duty to file a report required by this chapter or to pay or deliver escheated property to the State Controller. (Added by renumbering Section 1515 by Stats. 1968, Ch. 356.)
  156. 1571.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may examine records with reasonable notice and at reasonable times if there is reason to believe a holder failed to report property. The Controller also must adopt guidelines on third-party auditors and on dispute or appeal procedures.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1571. (a) The Controller may at reasonable times and upon reasonable notice examine the records of any person if the Controller has reason to believe that the person is a holder who has failed to report property that should have been reported pursuant to this chapter. (b) When requested by the Controller, the examination shall be conducted by any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder. For the purpose of determining compliance with this chapter, the Commissioner of Financial Protection and Innovation is vested with full authority to examine the records of any banking organization and any savings association doing business within this state but not organized under the laws of or created in this state. (c) Following a public hearing, the Controller shall adopt guidelines as to the policies and procedures governing the activity of third-party auditors who are hired by the Controller. (d) Following a public hearing, the Controller shall adopt guidelines, on or before July 1, 1999, establishing forms, policies, and procedures to enable a person to dispute or appeal the results of any record examination conducted pursuant to this section. (Amended by Stats. 2022, Ch. 452, Sec. 42. (SB 1498) Effective January 1, 2023.)
  157. 1572.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The State Controller may sue to enforce record inspection duties, obtain an escheat determination, or compel delivery of property, subject to the jurisdiction rules in this section.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1572. (a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes: (1) To enforce the duty of any person under this chapter to permit the examination of the records of such person. (2) For a judicial determination that particular property is subject to escheat by this state pursuant to this chapter. (3) To enforce the delivery of any property to the State Controller as required under this chapter. (b) The State Controller may bring an action under this chapter in any court of this state of appropriate jurisdiction in any of the following cases: (1) Where the holder is any person domiciled in this state, or is a government or governmental subdivision or agency of this state. (2) Where the holder is any person engaged in or transacting business in this state, although not domiciled in this state. (3) Where the property is tangible personal property and is held in this state. (c) In any case where no court of this state can obtain jurisdiction over the holder, the State Controller may bring an action in any federal or state court with jurisdiction over the holder. (Added by Stats. 1968, Ch. 356.)
  158. 1573.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The State Controller may make agreements with another state about sharing information on unclaimed property, and may require reports and set their form and filing times by regulation.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1573. The State Controller may enter into an agreement to provide information needed to enable another state to determine unclaimed property it may be entitled to escheat if such other state or an official thereof agrees to provide this state with information needed to enable this state to determine unclaimed property it may be entitled to escheat. The State Controller may, by regulation, require the reporting of information needed to enable him to comply with agreements made pursuant to this section and may, by regulation, prescribe the form, including verification, of the information to be reported and the times for filing the reports. (Added by Stats. 1968, Ch. 356.)
  159. 1574.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Attorney General may, at another state’s request, sue in California or federal court to enforce that state’s unclaimed property laws against a holder here if the other state cannot get jurisdiction and agrees to reciprocal action and reasonable costs.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1574. At the request of another state, the Attorney General of this state may bring an action in the name of the other state, in any court of appropriate jurisdiction of this state or federal court within this state, to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat by the other state, if: (a) The courts of the other state cannot obtain jurisdiction over the holder; (b) The other state has agreed to bring actions in the name of this state at the request of the Attorney General of this state to enforce the provisions of this chapter against any person in the other state believed by the State Controller to hold property subject to escheat under this chapter, where the courts of this state cannot obtain jurisdiction over such person; and (c) The other state has agreed to pay reasonable costs incurred by the Attorney General in bringing the action. (Added by Stats. 1968, Ch. 356.)
  160. 1575.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Attorney General may ask another state’s officer to sue to enforce this chapter when the State Controller believes property is subject to escheat and California cannot get jurisdiction over the person holding it. California must pay the other state’s reasonable costs, and the State Controller may pay a reward up to 15% of recovered value.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1575. (a) If the State Controller believes that a person in another state holds property subject to escheat under this chapter and the courts of this state cannot obtain jurisdiction over that person, the Attorney General of this state may request an officer of the other state to bring an action in the name of this state to enforce the provisions of this chapter against such person. (b) This state shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The State Controller may agree to pay to any state bringing such an action a reward not to exceed fifteen percent of the value, after deducting reasonable costs, of any property recovered for this state as a direct or indirect result of such action. Any costs or rewards paid pursuant to this section shall be paid from the Abandoned Property Account in the Unclaimed Property Fund and shall not be deducted from the amount that is subject to be claimed by the owner in accordance with this chapter. (Added by Stats. 1968, Ch. 356.)
  161. 1576.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Willful failure to file required reports or perform required duties under this chapter, and willful refusal to pay or deliver escheated property to the Controller, can trigger fines.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1576. (a) Any person who willfully fails to render any report or perform other duties, including use of the report format described in Section 1530, required under this chapter shall be punished by a fine of one hundred dollars ($100) for each day such report is withheld or such duty is not performed, but not more than ten thousand dollars ($10,000). (b) Any person who willfully refuses to pay or deliver escheated property to the Controller as required under this chapter shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000). (c) No person shall be considered to have willfully failed to report, pay, or deliver escheated property, or perform other duties unless he or she has failed to respond within a reasonable time after notification by certified mail by the Controller’s office of his or her failure to act. (Amended by Stats. 1996, Ch. 762, Sec. 10. Effective January 1, 1997.)
  162. 1577.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    A person who misses the chapter’s deadline to report, pay, or deliver unclaimed property generally must pay 12% annual interest to the Controller, unless the failure was for reasonable cause.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1577. (a) In addition to any damages, penalties, or fines for which a person may be liable under other provisions of law, any person who fails to report, pay, or deliver unclaimed property within the time prescribed by this chapter, unless that failure is due to reasonable cause, shall pay to the Controller interest at the rate of 12 percent per annum on that property or value thereof from the date the property should have been reported, paid, or delivered. (b) If a holder reports and pays or delivers unclaimed property within the time prescribed by this chapter, but files a report that is not in substantial compliance with the requirements of Section 1530 or 1532, the interest payable on the unclaimed property that is paid or delivered in the time prescribed by this chapter shall not exceed ten thousand dollars ($10,000). (c) The Controller may waive the interest payable under this section if the holder’s failure to file a report that is in substantial compliance with the requirements of Section 1530 or 1532 is due to reasonable cause. (d) The Controller shall waive the interest payable under this section if the holder participates in and completes all of the requirements of the California Voluntary Compliance Program under Section 1577.5, subject to the right to reinstate, as specified. (Amended by Stats. 2022, Ch. 282, Sec. 2. (AB 2280) Effective January 1, 2023.)
  163. 1577.5.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The Controller may run a voluntary compliance program for holders with unclaimed property, and eligible holders can request to enroll.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 6. Compliance and Enforcement [1570 - 1577.5] ( Heading of Article 6 added by Stats. 1968, Ch. 356. ) ## 1577.5. (a) This section shall be known, and may be cited, as the “California Voluntary Compliance Program.” (b) The Controller may establish a program for the voluntary compliance of holders for the purpose of resolving unclaimed property that is due and owing to the state under this chapter. (c) A holder that has not reported unclaimed property in accordance with Section 1530 may request to enroll in the program using a form prescribed by the Controller. (d) The Controller, in their discretion, may enroll eligible holders in the program. A holder is ineligible to participate in the program if any of the following apply: (1) At the time the holder’s request to enroll is received by the Controller, the holder is the subject of an examination of records or has received notification from the Controller of an impending examination under Section 1571. (2) At the time the holder’s request to enroll is received by the Controller, the holder is the subject of a civil or criminal prosecution involving compliance with this chapter. (3) The Controller has notified the holder of an interest assessment under Section 1577 within the previous five years, and the interest assessment remains unpaid at the time of the holder’s request to enroll. A holder subject to an outstanding interest assessment may file or refile a request to enroll in the program after resolving the outstanding interest assessment. (4) The Controller has waived interest assessed against the holder under this section within the previous five years. Notwithstanding the foregoing, if a holder acquired or merged with another entity within the five-year period, the holder may request to enroll in the program for the purpose of resolving unclaimed property that may be due and owing to the state as a result of the acquisition or merger. (e) The Controller shall waive interest assessed under Section 1577 for a holder enrolled in the program if the holder does all the following within the prescribed timeframes and satisfies the other requirements of this section: (1) Enrolls and participates in an unclaimed property educational training program provided by the Controller within three months after the date on which the Controller notified the holder of their enrollment in the program, unless the Controller sets a different date. (2) Reviews their books and records for unclaimed property for at least the previous 10 years, starting from June 30 or the fiscal yearend preceding the date on which the report required by paragraph (4) is due. (3) Makes reasonable efforts to notify owners of reportable property by mail or electronically, as applicable, pursuant to Sections 1513.5, 1514, 1516, or 1520, no less than 30 days prior to submitting the report required by paragraph (4). (4) Reports to the Controller as required by subdivisions (b), (c), and (e) of Section 1530 within six months after the date on which the Controller notified the holder of their enrollment in the program. Upon written request by the enrolled holder, the Controller may postpone the reporting date for a period not to exceed 18 months after the date on which the Controller notified the holder of their enrollment in the program. (5) Submits to the Controller an updated report and pays or delivers to the Controller all escheated property specified in the report as required by Section 1532, no sooner than seven months and no later than seven months and 15 days after the Controller received the report submitted pursuant to paragraph (4). (f) The Controller may reinstate interest waived under subdivision (d) of Section 1577 if the holder does not pay or deliver all escheated property specified in the report submitted pursuant to and within the timeframe prescribed by paragraph (5) of subdivision (e). (g) The Controller may adopt guidelines and forms that provide specific procedures for the administration of the program. (h) This section shall become operative only upon an appropriation by the Legislature in the annual Budget Act for this purpose. (Repealed and added by Stats. 2022, Ch. 282, Sec. 4. (AB 2280) Effective January 1, 2023. Conditionally operative by its own provisions.)
  164. 1580.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    The State Controller may make necessary rules and regulations to carry out this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. ) ## 1580. The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter. (Amended by Stats. 1978, Ch. 1183.)
  165. 1581.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Certain business associations must keep records of qualifying travelers checks, money orders, or similar instruments sold in California, and the State Controller may set the retention period by regulation.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. ) ## 1581. (a) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments (other than third-party bank checks) on which such business association is directly liable, or that provides such travelers checks, money orders, or similar written instruments to others for sale in this state, shall maintain a record indicating those travelers checks, money orders, or similar written instruments that are purchased from it in this state. (b) The record required by this section may be destroyed after it has been retained for such reasonable time as the State Controller shall designate by regulation. (c) Any business association that willfully fails to comply with this section is liable to the state for a civil penalty of five hundred dollars ($500) for each day of such failure to comply, which penalty may be recovered in an action brought by the State Controller. (Amended by Stats. 1975, Ch. 25.)
  166. 1582.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. )

    Verify source ↗

    Agreements to help recover unclaimed property can be invalid in certain timing and fee situations, and Controller office records stay closed to public inspection or copying until the notice/publication or one-year timing rule is met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 7. Unclaimed Property Law [1500 - 1582] ( Heading of Chapter 7 amended by Stats. 1968, Ch. 356. ) ## ARTICLE 7. Miscellaneous [1580 - 1582] ( Heading of Article 7 added by Stats. 1968, Ch. 356. ) ## 1582. (a) (1) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 is invalid if either of the following apply: (A) The agreement is entered into between the date a report is filed under subdivision (d) of Section 1530 and the date the property is paid or delivered under Section 1532. (B) The agreement requires the owner to pay a fee or compensation prior to approval of the claim and payment of the recovered property to the owner by the Controller. (2) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 made after payment or delivery under Section 1532 is valid if it meets all of the following requirements: (A) The agreement is in writing and includes a disclosure of the nature and value of the property, that the Controller is in possession of the property, and the address where the owner can directly claim the property from the Controller. (B) The agreement is signed by the owner after receipt of the disclosure described in subparagraph (A). (C) The fee or compensation agreed upon is not in excess of 10 percent of the recovered property. (3) This subdivision shall not be construed to prevent an owner from asserting, at any time, that an agreement to locate property is based upon an excessive or unjust consideration. (b) Notwithstanding any other provision of law, records of the Controller’s office pertaining to unclaimed property are not available for public inspection or copying until after publication of notice of the property or, if publication of notice of the property is not required, until one year after delivery of the property to the Controller. (Amended by Stats. 2022, Ch. 282, Sec. 5. (AB 2280) Effective January 1, 2023.)
  167. 16.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    Words and phrases are generally read in context and by ordinary language usage, but technical terms and terms with a special legal meaning are read according to that special meaning or any definition in the next section.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 16. Words and phrases are construed according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. (Enacted 1872.)
  168. 1600.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    This section states California’s policy to locate certain unclaimed federal property, provide a court procedure to decide the State’s right to take custody, and allow state spending for discovery costs and protection of the United States from related claims.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1600. It is the policy of this State: (a) To discover property in the custody of officers, departments, and agencies of the United States, which property is unclaimed by owners whose addresses are known or presumed to be in this State; (b) To provide a procedure for judicial determination of the right of the State to receive custody of such unclaimed property; and (c) To authorize expenditure of state funds to pay the proportionate cost of the State in discovering such unclaimed property and to hold the United States harmless against claims concerning such property when delivered to the custody of the State in accordance with this chapter. (Added by Stats. 1959, Ch. 1801.)
  169. 1601.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    This section defines “unclaimed property,” “owner,” and “person” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1601. As used in this chapter: (a) “Unclaimed property” means any tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, except bonuses and gratuities, which has remained unclaimed by the owner for: (1) Twenty years from the date of maturity or call for payment, if arising from transactions under the public debt; or (2) Twenty years after the last transaction concerning principal or interest, if deposits in the postal savings system; or (3) Five years after the property first became payable, demandable, or returnable, if arising from any other transaction. (b) “Owner” means any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. The owner shall be conclusively presumed to be the person to whom unclaimed property was or is payable or returnable according to the records of the United States Government. If two or more persons are interested in the property, and the extent of their respective interests is unknown, it shall be presumed that their interests in such property are equal. (c) “Person” includes any individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity. (Amended by Stats. 1994, Ch. 1010, Sec. 64. Effective January 1, 1995.)
  170. 1602.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Controller may enter agreements about payment timing and method, and the State Controller must make payments according to those agreements.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1602. The Controller is authorized to enter into agreements establishing the time and manner for payments of this State’s proportionate share of the actual and necessary cost incurred by the United States in examining records and reporting information to this State as such share of such cost shall be determined pursuant to federal law. Said agreements may provide for single payments at stated times over a period of years. The State Controller shall make all payments at the time and in the manner provided in said agreements. (Added by Stats. 1959, Ch. 1801.)
  171. 1603.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The State must protect the United States against claims over property delivered to state custody, and the Attorney General must intervene if such a claim is brought against the United States.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1603. The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with the provisions of this chapter. In the event an action or proceeding on such claim is brought against the United States the Attorney General shall intervene therein. The State consents to suit by such claimant in such contingency and any defense in favor of the United States shall be available to and urged by the State. (Added by Stats. 1959, Ch. 1801.)
  172. 1604.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    Unclaimed intangible and tangible property may be delivered to California when the statute’s address and custody conditions are met.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1604. (a) All unclaimed intangible property, together with all interest and other increments accruing thereto, is subject to delivery to this state if the last known address of the owner is in this state. If the last known address of an owner is in this state, any other owner’s address which is unknown shall be presumed to be in this state. If the last known addresses of owners are in this state and in one or more other states, the addresses of other owners whose addresses are unknown shall be presumed to be within this state if the federal agency having custody of the unclaimed property initially acquired possession in this state. If the records of the United States do not disclose the address of any owner of unclaimed property, such address shall be presumed to be within this state if the federal agency having custody of such property initially acquired possession in this state. All addresses presumed to be within this state are presumed to be within the County of Sacramento. For the purposes of this chapter, it shall be presumed that the situs of unclaimed intangible property is in this state if the last known or presumed address of the owner is in this state. (b) All unclaimed tangible property is subject to delivery to this state if the federal agency having custody of the unclaimed property initially acquired possession in this state. (Amended by Stats. 1968, Ch. 356.)
  173. 1605.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Governor must certify to the U.S. Comptroller General or another proper U.S. officer that California’s law provides the required reimbursement and hold-harmless protections.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1605. The Governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means whereby the United States shall be compensated at reasonable times for this State’s proportionate share of the actual and necessary cost of examining records and for reporting information and whereby the United States shall be held harmless in the event of claim for property delivered to this State in accordance with the provisions of this chapter. Such certification shall be made on the thirtieth day of June next following the effective date of any federal statute requiring such certification. (Added by Stats. 1959, Ch. 1801.)
  174. 1606.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Controller must ask the U.S. Comptroller General or another proper federal officer to report previously unreported unclaimed-property information.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1606. On the thirtieth day of June next following the date of certification by the Governor, and annually thereafter, the Controller shall request the Comptroller General or other proper officer of the United States to report all previously unreported information relating to unclaimed property as determined by that officer pursuant to federal law. (Added by Stats. 1959, Ch. 1801.)
  175. 1607.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Controller must send report copies to county superior court clerks, and the clerks must post them at the courthouse for 60 days.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1607. When a report is received from the Comptroller General or other proper officer of the United States, the Controller shall prepare and forward a copy thereof to the clerk of the superior court of each county within this state and the clerk shall post a copy at the courthouse for a period of 60 days. Any person asserting an interest in property mentioned in the report may elect to claim against the United States under the laws of the United States, in which event and within 90 days following the date of initial posting by the clerk the person shall notify the Controller of the asserted interest and intention to so claim. The Controller shall omit the property from any claim by the state until such time as the asserted interest may be finally determined against the claimant. The interest may not thereafter be asserted against the state. (Amended by Stats. 2003, Ch. 62, Sec. 27. Effective January 1, 2004.)
  176. 1608.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    A statute- or court-ordered time limit ending does not stop this State from taking possession of unclaimed property under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1608. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property shall not affect the right of this State to acquire possession of unclaimed property in accordance with the provisions of this chapter. (Added by Stats. 1959, Ch. 1801.)
  177. 1609.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Attorney General must file a petition within 120 days after the clerk’s initial posting to determine the state’s right to custody of the listed unclaimed property.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1609. Within 120 days following the date of initial posting by the clerk of the superior court, the Attorney General shall commence a proceeding by filing a petition to determine the state’s right to custody of all property mentioned in such report and unclaimed within the time and in the manner provided by Section 1607. The proceeding shall be commenced and heard in the superior court in the County of Sacramento and venue shall not be affected by the provisions of Section 401, Code of Civil Procedure. The petition shall name as respondents all persons known to have been interested and “all persons unknown claiming any title or interest in or to the property described or referred to in the petition.” If the records of the United States fail to disclose with reasonable certainty the identity or number of owners or claimants of specific funds or other personal property, or the extent of their interests therein, such persons may be designated and described as a class, to wit, as “all unknown owners or claimants to the funds or property mentioned in or affected by ____,” and, as the case may be, the petition shall identify and set forth the court actions or proceedings to the credit of which such funds or other property are held, or the accounts or other identifying references under which they are carried upon the records of the United States. The petition shall describe or refer to the property, and may include one or more items, as the Attorney General may be advised, without prejudice to his right to commence subsequent proceedings relating to other items not included. The petition shall also state the name of the owner and his last address as known or as presumed under this chapter, and shall set forth the facts and circumstances by virtue of which it is claimed that such funds or property are subject to custody by the state. Any number of respondents may be joined whether they reside in the same or different counties, and any number of causes of action may be joined and need not be separately stated. (Amended by Stats. 2002, Ch. 784, Sec. 85. Effective January 1, 2003.)
  178. 1610.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    People claiming an interest in the property must answer the petition within the time set by law.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1610. No summons or other process shall issue to direct the appearance and answer of a respondent. Commencing within five days after filing petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the County of Sacramento. At the time the notice is first published, a copy of the petition and notice shall be posted at the courthouse in the county where each defendant was last known or presumed to have had an address. Such petition and such notice shall remain posted for 45 days. The notice of proceeding shall advise that the State seeks custody of unclaimed property held by the United States. The names but not the addresses of the respondents shall be contained in the notice with a statement that such persons are believed to live or to have lived within the State and are believed to be or to have been owners of the unclaimed property. The notice shall not contain a description of the unclaimed property but shall advise that such description together with the last known or presumed addresses of owners may be determined by examining the petition filed in the proceeding. The petition and its place of filing shall be sufficiently identified and described. The notice shall advise that persons claiming an interest must answer the petition within the time prescribed by law, which time shall be stated, if they elect to pursue their claims against the United States, otherwise their rights to property shall be preserved subject to delayed delivery as provided by law. The notice shall advise that Section 1611, Code of Civil Procedure, should be consulted for the time, form, and costs of an answer. The notice shall be deemed completed 45 days after the date of first publication, whereupon the court shall have full and complete jurisdiction over the property described in the petition and not claimed within the time or in the manner provided in Section 1611, and shall have full and complete jurisdiction to determine the right of the State to custody and to render an appropriate judgment therefor. (Added by Stats. 1959, Ch. 1801.)
  179. 1611.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    A person may answer a petition within 15 days after notice, but a claimant’s answer must include a $10 court deposit and no other answer or response may be filed for that claimant.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1611. Any person, whether or not named in the petition, may within 15 days after completion of notice respond to the petition by answer describing the property, asserting an interest as owner or successor, and declaring an intention to claim the same from the United States under the laws of the United States. Such answer shall not be filed unless accompanied by the sum of ten dollars ($10) for deposit in court, and no other answer or response shall be filed by or on behalf of a claimant. The court shall strike from the petition and dismiss from the proceeding all property described in the answer. The funds on deposit shall be transmitted by the court to the Controller and shall be received for deposit in the abandoned property account in the Unclaimed Property Fund as total reimbursement for costs and services expended on behalf of the claimant. Such dismissal shall be without prejudice to a subsequent petition should it appear that the claimant is not entitled to the property, and the interest asserted in said answer shall not thereafter be asserted against the State. (Added by Stats. 1959, Ch. 1801.)
  180. 1612.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Attorney General must ask the court for a judgment within 20 days after the answer period under Section 1611 ends, and the court must find and declare the property unclaimed and subject to state custody.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1612. Within 20 days following expiration of time for filing answer under Section 1611, the Attorney General shall apply to the court for a judgment relating to all property set forth in the petition and not claimed by answer. The court shall find that such property appears to be or to have been owned by persons residing within this State and remains unclaimed by such persons. The court shall declare that the property, which shall be described, is subject to custody of the State and shall be delivered to and received by the State of California to be retained until such time as it may be claimed pursuant to law. (Added by Stats. 1959, Ch. 1801.)
  181. 1613.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The Controller must request delivery or payment of unclaimed property covered by the judgment, send a certified copy of the judgment with the request, direct it to the federal officer or agency designated by federal law, and furnish receipts for property delivered or paid.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1613. The Controller shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. The request shall be accompanied by a certified copy of said judgment and shall be directed to such officer, agency, or department of the United States as may be designated for such purposes by federal law. The Controller shall furnish receipts for all property delivered or paid. (Added by Stats. 1959, Ch. 1801.)
  182. 1614.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    The State Controller must deposit or sell property received under this chapter, and claims cannot be made for two years after the property is paid to or received by the state.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1614. Property received under this chapter shall be deposited or sold by the State Controller as though received under Chapter 7 (commencing with Section 1500) of this title. Property received under this chapter shall not be subject to claim within two years following the date upon which it is paid to or received by the state. Thereafter, claims shall be made in the manner provided in Chapter 7 (commencing with Section 1500) of this title. (Amended by Stats. 1968, Ch. 356.)
  183. 1615.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. )

    Verify source ↗

    Money in the abandoned property account is continuously appropriated to the State Controller for spending under this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 10. UNCLAIMED PROPERTY [1300 - 1615] ( Title 10 added by Stats. 1951, Ch. 1708. ) ## CHAPTER 8. Property in Custody of Federal Officers, Agencies, and Departments [1600 - 1615] ( Chapter 8 added by Stats. 1959, Ch. 1801. ) ## 1615. All money in the abandoned property account in the Unclaimed Property Fund is hereby continuously appropriated to the State Controller without regard to fiscal years, for expenditure in accordance with this chapter for the following purposes: (a) For payment of the proportionate costs of this State pursuant to the terms of any contract entered with the United States; (b) For payment of sums necessary to indemnify the United States for losses occasioned by claims to property delivered to the custody of this State. (Added by Stats. 1959, Ch. 1801.)
  184. 165.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    Supreme Court and appellate justices may, at chambers, grant the kinds of orders and writs usually available on an ex parte application, except mandamus, certiorari, and prohibition.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. ) ## 165. The justices of the Supreme Court and of the courts of appeal, or any of them, may, at chambers, grant all orders and writs which are usually granted in the first instance upon an ex parte application, except writs of mandamus, certiorari, and prohibition; and may, in their discretion, hear applications to discharge such orders and writs. (Amended by Stats. 1967, Ch. 17.)
  185. 166.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    Superior court judges may exercise listed powers in chambers, and a judge may also exercise judge-only powers out of court anywhere in the state.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. ) ## 166. (a) The judges of the superior courts may, in chambers: (1) Grant all orders and writs that are usually granted in the first instance upon an ex parte application, and hear and dispose of those orders and writs, appoint referees, require and receive inventories and accounts to be filed, order notice of settlement of supplemental accounts, suspend the powers of personal representatives, guardians, or conservators in the cases allowed by law, appoint special administrators, grant letters of temporary guardianship or conservatorship, approve or reject claims, and direct the issuance from the court of all writs and process necessary in the exercise of their powers in matters of probate. (2) Hear and determine all motions made pursuant to Section 657 or 663. (3) Hear and determine all uncontested actions, proceedings, demurrers, motions, petitions, applications, and other matters pending before the court other than actions for dissolution of marriage, for legal separation, or for a judgment of nullity of the marriage, and except also applications for confirmation of sale of real property in probate proceedings. (4) Hear and determine motions to tax costs of enforcing a judgment. (5) Approve bonds and undertakings. (b) A judge may, out of court, anywhere in the state, exercise all the powers and perform all the functions and duties conferred upon a judge as contradistinguished from the court, or that a judge may exercise or perform in chambers. (Amended by Stats. 2002, Ch. 784, Sec. 34. Effective January 1, 2003.)
  186. 166.1.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judge may, on request or on the judge’s own discretion, state in an interlocutory order that a controlling legal question exists with substantial disagreement and that appellate review may speed up the case.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. ) ## 166.1. Upon the written request of any party or his or her counsel, or at the judge’s discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a writ or appeal. (Added by Stats. 2002, Ch. 708, Sec. 1. Effective January 1, 2003.)
  187. 167.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judge of a court may do any act that the clerk of the court is required or allowed to do.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 2. Powers of Judges at Chambers [165 - 167] ( Chapter 2 added by Code Amendments 1880, Ch. 35. ) ## 167. Any act required or permitted to be performed by the clerk of a court may be performed by a judge thereof. (Amended by Stats. 1989, Ch. 1417, Sec. 1.)
  188. 17.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. )

    Verify source ↗

    This section gives interpretive rules and definitions for terms used in the code, and requires two witnesses to sign when a mark is used as a signature on a sworn statement.

    ## Code of Civil Procedure - CCP ## PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) ## 17. (a) Words used in this code in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. The singular number includes the plural and the plural number includes the singular. (b) As used in this code, the following words have the following meanings, unless otherwise apparent from the context: (1) “Affinity” signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. (2) “County” includes “city and county.” (3) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record. (4) “Month” means a calendar month, unless otherwise expressed. (5) “Oath” includes an affirmation or declaration. (A) “Depose” includes any written statement made under oath or affirmation. (B) “Testify” includes any mode of oral statement made under oath or affirmation. (6) “Person” includes a corporation as well as a natural person. (7) “Process” signifies a writ or summons issued in the course of a judicial proceeding. (8) “Property” includes both personal and real property. (A) “Personal property” includes money, goods, chattels, things in action, and evidences of debt. (B) “Real property” is coextensive with lands, tenements, and hereditaments. (9) “Section” refers to a section of this code, unless some other code or statute is expressly mentioned. (10) “Sheriff” includes marshal. (11) “Signature” or “subscription” includes a mark of a person’s name, if the person cannot write, with his or her name being written near it by a person who writes his or her own name as a witness. In order that a mark may be acknowledged or serve as the signature to any sworn statement, it shall be witnessed by two persons who shall subscribe their own names as witnesses thereto. (12) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (13) “State” includes the District of Columbia and the territories when applied to the different parts of the United States, and the words “United States” may include the district and territories. (14) “Will” includes codicil. (15) “Writ” means an order or precept in writing, issued in the name of the people, or of a court or judicial officer. (16) “Writing” includes printing and typewriting. (Amended by Stats. 2016, Ch. 50, Sec. 13. (SB 1005) Effective January 1, 2017.)
  189. 170.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judge must decide any proceeding if not disqualified.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170. A judge has a duty to decide any proceeding in which he or she is not disqualified. (Repealed and added by Stats. 1984, Ch. 1555, Sec. 2.)
  190. 170.1.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A judge must be disqualified if listed conflict conditions apply, and a judge who tried or heard a case must not take part in appellate review of that same case.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.1. (a) A judge shall be disqualified if any one or more of the following are true: (1) (A) The judge has personal knowledge of disputed evidentiary facts concerning the proceeding. (B) A judge shall be deemed to have personal knowledge within the meaning of this paragraph if the judge, or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is to the judge’s knowledge likely to be a material witness in the proceeding. (2) (A) The judge served as a lawyer in the proceeding, or in any other proceeding involving the same issues he or she served as a lawyer for a party in the present proceeding or gave advice to a party in the present proceeding upon a matter involved in the action or proceeding. (B) A judge shall be deemed to have served as a lawyer in the proceeding if within the past two years: (i) A party to the proceeding, or an officer, director, or trustee of a party, was a client of the judge when the judge was in the private practice of law or a client of a lawyer with whom the judge was associated in the private practice of law. (ii) A lawyer in the proceeding was associated in the private practice of law with the judge. (C) A judge who served as a lawyer for, or officer of, a public agency that is a party to the proceeding shall be deemed to have served as a lawyer in the proceeding if he or she personally advised or in any way represented the public agency concerning the factual or legal issues in the proceeding. (3) (A) The judge has a financial interest in the subject matter in a proceeding or in a party to the proceeding. (B) A judge shall be deemed to have a financial interest within the meaning of this paragraph if: (i) A spouse or minor child living in the household has a financial interest. (ii) The judge or the spouse of the judge is a fiduciary who has a financial interest. (C) A judge has a duty to make reasonable efforts to inform himself or herself about his or her personal and fiduciary interests and those of his or her spouse and the personal financial interests of children living in the household. (4) The judge, or the spouse of the judge, or a person within the third degree of relationship to either of them, or the spouse of such a person is a party to the proceeding or an officer, director, or trustee of a party. (5) A lawyer or a spouse of a lawyer in the proceeding is the spouse, former spouse, child, sibling, or parent of the judge or the judge’s spouse or if such a person is associated in the private practice of law with a lawyer in the proceeding. (6) (A) For any reason: (i) The judge believes his or her recusal would further the interests of justice. (ii) The judge believes there is a substantial doubt as to his or her capacity to be impartial. (iii) A person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial. (B) Bias or prejudice toward a lawyer in the proceeding may be grounds for disqualification. (7) By reason of permanent or temporary physical impairment, the judge is unable to properly perceive the evidence or is unable to properly conduct the proceeding. (8) (A) The judge has a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or is participating in, or, within the last two years has participated in, discussions regarding prospective employment or service as a dispute resolution neutral, or has been engaged in that employment or service, and any of the following applies: (i) The arrangement is, or the prior employment or discussion was, with a party to the proceeding. (ii) The matter before the judge includes issues relating to the enforcement of either an agreement to submit a dispute to an alternative dispute resolution process or an award or other final decision by a dispute resolution neutral. (iii) The judge directs the parties to participate in an alternative dispute resolution process in which the dispute resolution neutral will be an individual or entity with whom the judge has the arrangement, has previously been employed or served, or is discussing or has discussed the employment or service. (iv) The judge will select a dispute resolution neutral or entity to conduct an alternative dispute resolution process in the matter before the judge, and among those available for selection is an individual or entity with whom the judge has the arrangement, with whom the judge has previously been employed or served, or with whom the judge is discussing or has discussed the employment or service. (B) For the purposes of this paragraph, all of the following apply: (i) “Participating in discussions” or “has participated in discussion” means that the judge solicited or otherwise indicated an interest in accepting or negotiating possible employment or service as an alternative dispute resolution neutral, or responded to an unsolicited statement regarding, or an offer of, that employment or service by expressing an interest in that employment or service, making an inquiry regarding the employment or service, or encouraging the person making the statement or offer to provide additional information about that possible employment or service. If a judge’s response to an unsolicited statement regarding, a question about, or offer of, prospective employment or other compensated service as a dispute resolution neutral is limited to responding negatively, declining the offer, or declining to discuss that employment or service, that response does not constitute participating in discussions. (ii) “Party” includes the parent, subsidiary, or other legal affiliate of any entity that is a party and is involved in the transaction, contract, or facts that gave rise to the issues subject to the proceeding. (iii) “Dispute resolution neutral” means an arbitrator, mediator, temporary judge appointed under Section 21 of Article VI of the California Constitution, referee appointed under Section 638 or 639, special master, neutral evaluator, settlement officer, or settlement facilitator. (9) (A) The judge has received a contribution in excess of one thousand five hundred dollars ($1500) from a party or lawyer in the proceeding, and either of the following applies: (i) The contribution was received in support of the judge’s last election, if the last election was within the last six years. (ii) The contribution was received in anticipation of an upcoming election. (B) Notwithstanding subparagraph (A), the judge shall be disqualified based on a contribution of a lesser amount if subparagraph (A) of paragraph (6) applies. (C) The judge shall disclose any contribution from a party or lawyer in a matter that is before the court that is required to be reported under subdivision (f) of Section 84211 of the Government Code, even if the amount would not require disqualification under this paragraph. The manner of disclosure shall be the same as that provided in Canon 3E of the Code of Judicial Ethics. (D) Notwithstanding paragraph (1) of subdivision (b) of Section 170.3, the disqualification required under this paragraph may be waived by the party that did not make the contribution unless there are other circumstances that would prohibit a waiver pursuant to paragraph (2) of subdivision (b) of Section 170.3. (b) A judge before whom a proceeding was tried or heard shall be disqualified from participating in any appellate review of that proceeding. (c) At the request of a party or on its own motion an appellate court shall consider whether in the interests of justice it should direct that further proceedings be heard before a trial judge other than the judge whose judgment or order was reviewed by the appellate court. (Amended by Stats. 2010, Ch. 686, Sec. 1. (AB 2487) Effective January 1, 2011.)
  191. 170.2.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    This section says certain facts about a judge are not, by themselves, grounds to disqualify the judge.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.2. It shall not be grounds for disqualification that the judge: (a) Is or is not a member of a racial, ethnic, religious, sexual or similar group and the proceeding involves the rights of such a group. (b) Has in any capacity expressed a view on a legal or factual issue presented in the proceeding, except as provided in paragraph (2) of subdivision (a) of, or subdivision (b) or (c) of, Section 170.1. (c) Has as a lawyer or public official participated in the drafting of laws or in the effort to pass or defeat laws, the meaning, effect or application of which is in issue in the proceeding unless the judge believes that his or her prior involvement was so well known as to raise a reasonable doubt in the public mind as to his or her capacity to be impartial. (Added by Stats. 1984, Ch. 1555, Sec. 6.)
  192. 170.3.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    This section requires a disqualified judge to notify the proper court official and stop participating, and it sets out how parties may seek waiver or challenge the disqualification.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.3. (a) (1) If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision (b). (2) If the judge disqualifying himself or herself is the only judge or the presiding judge of the court, the notification shall be sent to the person having authority to assign another judge to replace the disqualified judge. (b) (1) A judge who determines himself or herself to be disqualified after disclosing the basis for his or her disqualification on the record may ask the parties and their attorneys whether they wish to waive the disqualification, except where the basis for disqualification is as provided in paragraph (2). A waiver of disqualification shall recite the basis for the disqualification, and is effective only when signed by all parties and their attorneys and filed in the record. (2) There shall be no waiver of disqualification if the basis therefor is either of the following: (A) The judge has a personal bias or prejudice concerning a party. (B) The judge served as an attorney in the matter in controversy, or the judge has been a material witness concerning that matter. (3) The judge shall not seek to induce a waiver and shall avoid any effort to discover which lawyers or parties favored or opposed a waiver of disqualification. (4) If grounds for disqualification are first learned of or arise after the judge has made one or more rulings in a proceeding, but before the judge has completed judicial action in a proceeding, the judge shall, unless the disqualification be waived, disqualify himself or herself, but in the absence of good cause the rulings he or she has made up to that time shall not be set aside by the judge who replaces the disqualified judge. (c) (1) If a judge who should disqualify himself or herself refuses or fails to do so, any party may file with the clerk a written verified statement objecting to the hearing or trial before the judge and setting forth the facts constituting the grounds for disqualification of the judge. The statement shall be presented at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification. Copies of the statement shall be served on each party or his or her attorney who has appeared and shall be personally served on the judge alleged to be disqualified, or on his or her clerk, provided that the judge is present in the courthouse or in chambers. (2) Without conceding his or her disqualification, a judge whose impartiality has been challenged by the filing of a written statement may request any other judge agreed upon by the parties to sit and act in his or her place. (3) Within 10 days after the filing or service, whichever is later, the judge may file a consent to disqualification in which case the judge shall notify the presiding judge or the person authorized to appoint a replacement of his or her recusal as provided in subdivision (a), or the judge may file a written verified answer admitting or denying any or all of the allegations contained in the party’s statement and setting forth any additional facts material or relevant to the question of disqualification. The clerk shall forthwith transmit a copy of the judge’s answer to each party or his or her attorney who has appeared in the action. (4) A judge who fails to file a consent or answer within the time allowed shall be deemed to have consented to his or her disqualification and the clerk shall notify the presiding judge or person authorized to appoint a replacement of the recusal as provided in subdivision (a). (5) A judge who refuses to recuse himself or herself shall not pass upon his or her own disqualification or upon the sufficiency in law, fact, or otherwise, of the statement of disqualification filed by a party. In that case, the question of disqualification shall be heard and determined by another judge agreed upon by all the parties who have appeared or, in the event they are unable to agree within five days of notification of the judge’s answer, by a judge selected by the chairperson of the Judicial Council, or if the chairperson is unable to act, the vice chairperson. The clerk shall notify the executive officer of the Judicial Council of the need for a selection. The selection shall be made as expeditiously as possible. No challenge pursuant to this subdivision or Section 170.6 may be made against the judge selected to decide the question of disqualification. (6) The judge deciding the question of disqualification may decide the question on the basis of the statement of disqualification and answer and any written arguments as the judge requests, or the judge may set the matter for hearing as promptly as practicable. If a hearing is ordered, the judge shall permit the parties and the judge alleged to be disqualified to argue the question of disqualification and shall for good cause shown hear evidence on any disputed issue of fact. If the judge deciding the question of disqualification determines that the judge is disqualified, the judge hearing the question shall notify the presiding judge or the person having authority to appoint a replacement of the disqualified judge as provided in subdivision (a). (d) The determination of the question of the disqualification of a judge is not an appealable order and may be reviewed only by a writ of mandate from the appropriate court of appeal sought only by the parties to the proceeding. The petition for the writ shall be filed and served within 10 days after service of written notice of entry of the court’s order determining the question of disqualification. If the notice of entry is served by mail, that time shall be extended as provided in subdivision (a) of Section 1013. (Amended by Stats. 2006, Ch. 567, Sec. 4. Effective January 1, 2007.)
  193. 170.4.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    A disqualified judge may still take limited steps to keep a case moving, but generally cannot act in the case while disqualification is unresolved.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.4. (a) A disqualified judge, notwithstanding his or her disqualification may do any of the following: (1) Take any action or issue any order necessary to maintain the jurisdiction of the court pending the assignment of a judge not disqualified. (2) Request any other judge agreed upon by the parties to sit and act in his or her place. (3) Hear and determine purely default matters. (4) Issue an order for possession prior to judgment in eminent domain proceedings. (5) Set proceedings for trial or hearing. (6) Conduct settlement conferences. (b) Notwithstanding paragraph (5) of subdivision (c) of Section 170.3, if a statement of disqualification is untimely filed or if on its face it discloses no legal grounds for disqualification, the trial judge against whom it was filed may order it stricken. (c) (1) If a statement of disqualification is filed after a trial or hearing has commenced by the start of voir dire, by the swearing of the first witness or by the submission of a motion for decision, the judge whose impartiality has been questioned may order the trial or hearing to continue, notwithstanding the filing of the statement of disqualification. The issue of disqualification shall be referred to another judge for decision as provided in subdivision (a) of Section 170.3, and if it is determined that the judge is disqualified, all orders and rulings of the judge found to be disqualified made after the filing of the statement shall be vacated. (2) For the purposes of this subdivision, if (A) a proceeding is filed in a single judge court or has been assigned to a single judge for comprehensive disposition, and (B) the proceeding has been set for trial or hearing 30 or more days in advance before a judge whose name was known at the time, the trial or hearing shall be deemed to have commenced 10 days prior to the date scheduled for trial or hearing as to any grounds for disqualification known before that time. (3) A party may file no more than one statement of disqualification against a judge unless facts suggesting new grounds for disqualification are first learned of or arise after the first statement of disqualification was filed. Repetitive statements of disqualification not alleging facts suggesting new grounds for disqualification shall be stricken by the judge against whom they are filed. (d) Except as provided in this section, a disqualified judge shall have no power to act in any proceeding after his or her disqualification or after the filing of a statement of disqualification until the question of his or her disqualification has been determined. (Added by Stats. 1984, Ch. 1555, Sec. 8.)
  194. 170.5.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    This section defines terms used in Sections 170 to 170.5.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.5. For the purposes of Sections 170 to 170.5, inclusive, the following definitions apply: (a) “Judge” means judges of the superior courts, and court commissioners and referees. (b) “Financial interest” means ownership of more than a 1 percent legal or equitable interest in a party, or a legal or equitable interest in a party of a fair market value in excess of one thousand five hundred dollars ($1,500), or a relationship as director, advisor or other active participant in the affairs of a party, except as follows: (1) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in those securities unless the judge participates in the management of the fund. (2) An office in an educational, religious, charitable, fraternal, or civic organization is not a “financial interest” in securities held by the organization. (3) The proprietary interest of a policyholder in a mutual insurance company, or a depositor in a mutual savings association, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest. (c) “Officer of a public agency” does not include a Member of the Legislature or a state or local agency official acting in a legislative capacity. (d) The third degree of relationship shall be calculated according to the civil law system. (e) “Private practice of law” includes a fee for service, retainer, or salaried representation of private clients or public agencies, but excludes lawyers as full-time employees of public agencies or lawyers working exclusively for legal aid offices, public defender offices, or similar nonprofit entities whose clientele is by law restricted to the indigent. (f) “Proceeding” means the action, case, cause, motion, or special proceeding to be tried or heard by the judge. (g) “Fiduciary” includes any executor, trustee, guardian, or administrator. (Amended by Stats. 2002, Ch. 784, Sec. 35. Effective January 1, 2003.)
  195. 170.6.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    This section lets a party or attorney seek disqualification of a judge, court commissioner, or referee for prejudice, and sets strict filing, notice, and assignment rules.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.6. (a) (1) A judge, court commissioner, or referee of a superior court of the State of California shall not try a civil or criminal action or special proceeding of any kind or character nor hear any matter therein that involves a contested issue of law or fact when it is established as provided in this section that the judge or court commissioner is prejudiced against a party or attorney or the interest of a party or attorney appearing in the action or proceeding. (2) A party to, or an attorney appearing in, an action or proceeding may establish this prejudice by an oral or written motion without prior notice supported by affidavit or declaration under penalty of perjury, or an oral statement under oath, that the judge, court commissioner, or referee before whom the action or proceeding is pending, or to whom it is assigned, is prejudiced against a party or attorney, or the interest of the party or attorney, so that the party or attorney cannot, or believes that he or she cannot, have a fair and impartial trial or hearing before the judge, court commissioner, or referee. If the judge, other than a judge assigned to the case for all purposes, court commissioner, or referee assigned to, or who is scheduled to try, the cause or hear the matter is known at least 10 days before the date set for trial or hearing, the motion shall be made at least 5 days before that date. If directed to the trial of a cause with a master calendar, the motion shall be made to the judge supervising the master calendar not later than the time the cause is assigned for trial. If directed to the trial of a criminal cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 10 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 10 days after the appearance. If directed to the trial of a civil cause that has been assigned to a judge for all purposes, the motion shall be made to the assigned judge or to the presiding judge by a party within 15 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, then within 15 days after the appearance. If the court in which the action is pending is authorized to have no more than one judge, and the motion claims that the duly elected or appointed judge of that court is prejudiced, the motion shall be made before the expiration of 30 days from the date of the first appearance in the action of the party who is making the motion or whose attorney is making the motion. In no event shall a judge, court commissioner, or referee entertain the motion if it is made after the drawing of the name of the first juror, or if there is no jury, after the making of an opening statement by counsel for plaintiff, or if there is no opening statement by counsel for plaintiff, then after swearing in the first witness or the giving of any evidence or after trial of the cause has otherwise commenced. If the motion is directed to a hearing, other than the trial of a cause, the motion shall be made not later than the commencement of the hearing. In the case of trials or hearings not specifically provided for in this paragraph, the procedure specified herein shall be followed as nearly as possible. The fact that a judge, court commissioner, or referee has presided at, or acted in connection with, a pretrial conference or other hearing, proceeding, or motion prior to trial, and not involving a determination of contested fact issues relating to the merits, shall not preclude the later making of the motion provided for in this paragraph at the time and in the manner herein provided. A motion under this paragraph may be made following reversal on appeal of a trial court’s decision, or following reversal on appeal of a trial court’s final judgment, if the trial judge in the prior proceeding is assigned to conduct a new trial on the matter. Notwithstanding paragraph (4), the party who filed the appeal that resulted in the reversal of a final judgment of a trial court may make a motion under this section regardless of whether that party or side has previously done so. The motion shall be made within 60 days after the party or the party’s attorney has been notified of the assignment. (3) A party to a civil action making that motion under this section shall serve notice on all parties no later than five days after making the motion. (4) If the motion is duly presented, and the affidavit or declaration under penalty of perjury is duly filed or an oral statement under oath is duly made, thereupon and without any further act or proof, the judge supervising the master calendar, if any, shall assign some other judge, court commissioner, or referee to try the cause or hear the matter. In other cases, the trial of the cause or the hearing of the matter shall be assigned or transferred to another judge, court commissioner, or referee of the court in which the trial or matter is pending or, if there is no other judge, court commissioner, or referee of the court in which the trial or matter is pending, the Chair of the Judicial Council shall assign some other judge, court commissioner, or referee to try the cause or hear the matter as promptly as possible. Except as provided in this section, no party or attorney shall be permitted to make more than one such motion in any one action or special proceeding pursuant to this section. In actions or special proceedings where there may be more than one plaintiff or similar party or more than one defendant or similar party appearing in the action or special proceeding, only one motion for each side may be made in any one action or special proceeding. (5) Unless required for the convenience of the court or unless good cause is shown, a continuance of the trial or hearing shall not be granted by reason of the making of a motion under this section. If a continuance is granted, the cause or matter shall be continued from day to day or for other limited periods upon the trial or other calendar and shall be reassigned or transferred for trial or hearing as promptly as possible. (6) Any affidavit filed pursuant to this section shall be in substantially the following form: (Here set forth court and cause) State of California, ss. PEREMPTORY CHALLENGE County of ____, being duly sworn, deposes and says: That he or she is a party (or attorney for a party) to the within action (or special proceeding). That ____ the judge, court commissioner, or referee before whom the trial of the (or a hearing in the) action (or special proceeding) is pending (or to whom it is assigned) is prejudiced against the party (or his or her attorney) or the interest of the party (or his or her attorney) so that affiant cannot or believes that he or she cannot have a fair and impartial trial or hearing before the judge, court commissioner, or referee. Subscribed and sworn to before me this ______ day of ______, 20__. (Clerk or notary public or other officer administering oath) (7) Any oral statement under oath or declaration under penalty of perjury made pursuant to this section shall include substantially the same contents as the affidavit above. (b) Nothing in this section shall affect or limit Section 170 or Title 4 (commencing with Section 392) of Part 2, and this section shall be construed as cumulative thereto. (c) If any provision of this section or the application to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application and, to this end, the provisions of this section are declared to be severable. (Amended by Stats. 2010, Ch. 131, Sec. 1. (AB 1894) Effective January 1, 2011.)
  196. 170.7.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    Section 170.6 does not apply to certain judges serving on a superior court appellate division.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.7. Section 170.6 does not apply to a judge designated or assigned to serve on the appellate division of a superior court in the judge’s capacity as a judge of that division. (Amended by Stats. 1998, Ch. 931, Sec. 48. Effective September 28, 1998.)
  197. 170.8.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    If no judge is qualified to hear a case, the clerk must promptly notify the Chairman of the Judicial Council, and the assigned judge must hear the case at the scheduled time or set a hearing time and then hear it.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.8. When there is no judge of a court qualified to hear an action or proceeding, the clerk shall forthwith notify the Chairman of the Judicial Council of that fact. The judge assigned by the Chairman of the Judicial Council shall hear the action or proceeding at the time fixed therefor or, if no time has been fixed or good cause appears for changing the time theretofore fixed, the judge shall fix a time for hearing in accordance with law and rules and hear the action or proceeding at the time so fixed. (Amended by Stats. 1989, Ch. 1417, Sec. 2.)
  198. 170.9.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. )

    Verify source ↗

    Judges may not accept gifts over $250 from a single source in a calendar year, and may not accept any honorarium, with listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 2. JUDICIAL OFFICERS [165 - 187] ( Title 2 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 3. Disqualifications of Judges [170 - 170.9] ( Chapter 3 added by Code Amendments 1880, Ch. 35. ) ## 170.9. (a) A judge shall not accept gifts from a single source in a calendar year with a total value of more than two hundred fifty dollars ($250). This section shall not be construed to authorize the receipt of gifts that would otherwise be prohibited by the Code of Judicial Ethics adopted by the California Supreme Court or any other law. (b) This section shall not prohibit or limit the following: (1) Payments, advances, or reimbursements for travel and related lodging and subsistence permitted by subdivision (e). (2) Wedding gifts and gifts exchanged between individuals on birthdays, holidays, and other similar occasions, if the gifts exchanged are not substantially disproportionate in value. (3) A gift, bequest, favor, or loan from a person whose preexisting relationship with a judge would prevent the judge from hearing a case involving that person, under the Code of Judicial Ethics adopted by the California Supreme Court. (c) For purposes of this section, “judge” includes all of the following: (1) Judges of the superior courts. (2) Justices of the courts of appeal and the Supreme Court. (3) Subordinate judicial officers, as defined in Section 71601 of the Government Code. (d) The gift limitation amounts in this section shall be adjusted biennially by the Commission on Judicial Performance to reflect changes in the Consumer Price Index, rounded to the nearest ten dollars ($10). (e) Payments, advances, or reimbursements for travel, including actual transportation and related lodging and subsistence that is reasonably related to a judicial or governmental purpose, or to an issue of state, national, or international public policy, are not prohibited or limited by this section if any of the following apply: (1) The travel is in connection with a speech, practice demonstration, or group or panel discussion given or participated in by the judge, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the speech, demonstration, or discussion, and the travel is within the United States. (2) The travel is provided by a government, a governmental agency or authority, a foreign government, a foreign bar association, an international service organization, a bona fide public or private educational institution, as defined in Section 203 of the Revenue and Taxation Code, or a nonprofit charitable or religious organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or by a person domiciled outside the United States who substantially satisfies the requirements for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. For purposes of this section, “foreign bar association” means an association of attorneys located outside the United States (A) that performs functions substantially equivalent to those performed by state or local bar associations in this state and (B) that permits membership by attorneys in that country representing various legal specialties and does not limit membership to attorneys generally representing one side or another in litigation. “International service organization” means a bona fide international service organization of which the judge is a member. A judge who accepts travel payments from an international service organization pursuant to this subdivision shall not preside over or participate in decisions affecting that organization, its state or local chapters, or its local members. (3) The travel is provided by a state or local bar association or judges professional association in connection with testimony before a governmental body or attendance at any professional function hosted by the bar association or judges professional association, the lodging and subsistence expenses are limited to the day immediately preceding, the day of, and the day immediately following the professional function. (f) Payments, advances, and reimbursements for travel not described in subdivision (e) are subject to the limit in subdivision (a). (g) No judge shall accept any honorarium. (h) “Honorarium” means a payment made in consideration for any speech given, article published, or attendance at a public or private conference, convention, meeting, social event, meal, or like gathering. (i) “Honorarium” does not include earned income for personal services that are customarily provided in connection with the practice of a bona fide business, trade, or profession, such as teaching or writing for a publisher, and does not include fees or other things of value received pursuant to Section 94.5 of the Penal Code for performance of a marriage. For purposes of this section, “teaching” shall include presentations to impart educational information to lawyers in events qualifying for credit under mandatory continuing legal education, to students in bona fide educational institutions, and to associations or groups of judges. (j) Subdivisions (a) and (e) shall apply to all payments, advances, and reimbursements for travel and related lodging and subsistence. (k) This section does not apply to any honorarium that is not used and, within 30 days after receipt, is either returned to the donor or delivered to the Controller for deposit in the General Fund without being claimed as a deduction from income for tax purposes. (l) “Gift” means a payment to the extent that consideration of equal or greater value is not received and includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. A person, other than a defendant in a criminal action, who claims that a payment is not a gift by reason of receipt of consideration has the burden of proving that the consideration received is of equal or greater value. However, the term “gift” does not include any of the following: (1) Informational material such as books, reports, pamphlets, calendars, periodicals, cassettes and discs, or free or reduced-price admission, tuition, or registration, for informational conferences or seminars. No payment for travel or reimbursement for any expenses shall be deemed “informational material.” (2) Gifts that are not used and, within 30 days after receipt, are returned to the donor or delivered to a charitable organization without being claimed as a charitable contribution for tax purposes. (3) Gifts from a judge’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin or the spouse of any such person. However, a gift from any of those persons shall be considered a gift if the donor is acting as an agent or intermediary for a person not covered by this paragraph. (4) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100) of Title 9 of the Government Code. (5) Any devise or inheritance. (6) Personalized plaques and trophies with an individual value of less than two hundred fifty dollars ($250). (7) Admission to events hosted by state or local bar associations or judges professional associations, and provision of related food and beverages at those events, when attendance does not require “travel,” as described in paragraph (3) of subdivision (e). (m) The Commission on Judicial Performance shall enforce the prohibitions of this section with regard to judges of the superior courts and justices of the courts of appeal and the Supreme Court. With regard to subordinate judicial officers, consistent with Section 18.1 of Article VI of the California Constitution, the court employing the subordinate judicial officer shall exercise initial jurisdiction to enforce the prohibitions of this section, and the Commission on Judicial Performance shall exercise discretionary jurisdiction with respect to the enforcement of the prohibitions of this section. (Amended by Stats. 2011, Ch. 296, Sec. 36. (AB 1023) Effective January 1, 2012.)
  199. 1710.10.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

    Verify source ↗

    This section defines “judgment creditor,” “judgment debtor,” and “sister state judgment” for this chapter.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.10. As used in this chapter: (a) “Judgment creditor” means the person or persons who can bring an action to enforce a sister state judgment. (b) “Judgment debtor” means the person or persons against whom an action to enforce a sister state judgment can be brought. (c) “Sister state judgment” means that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code. (Amended by Stats. 1992, Ch. 163, Sec. 64. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  200. 1710.15.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. )

    Verify source ↗

    A judgment creditor may seek entry of a California judgment based on a sister state judgment by filing an application under Section 1710.20.

    ## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 11. MONEY JUDGMENTS OF OTHER JURISDICTIONS [1710.10 - 1741] ( Heading of Title 11 amended by Stats. 2017, Ch. 168, Sec. 1. ) ## CHAPTER 1. Sister State Money Judgments [1710.10 - 1710.65] ( Heading of Chapter 1 amended by Stats. 2017, Ch. 168, Sec. 2. ) ## 1710.15. (a) A judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application pursuant to Section 1710.20. (b) The application shall be executed under oath and shall include all of the following: (1) A statement that an action in this state on the sister state judgment is not barred by the applicable statute of limitations. (2) A statement, based on the applicant’s information and belief, that no stay of enforcement of the sister state judgment is currently in effect in the sister state. (3) A statement of the amount remaining unpaid under the sister state judgment and, if accrued interest on the sister state judgment is to be included in the California judgment, a statement of the amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state), a statement of the rate of interest applicable to the judgment under the law of the sister state, and a citation to the law of the sister state establishing the rate of interest. (4) A statement that no action based on the sister state judgment is currently pending in any court in this state and that no judgment based on the sister state judgment has previously been entered in any proceeding in this state. (5) Where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor. Where the judgment debtor is a corporation, a statement of the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. Where the judgment debtor is a partnership, a statement of the name of the partnership, whether it is a foreign partnership, and, if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. Except for facts which are matters of public record in this state, the statements required by this paragraph may be made on the basis of the judgment creditor’s information and belief. (6) A statement setting forth the name and address of the judgment creditor. (c) A properly authenticated copy of the sister state judgment shall be attached to the application. (Amended by Stats. 1985, Ch. 106, Sec. 11.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.