0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 1518 Section 1518
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(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 f…
Code Civ. Proc. § 1518.5 Section 1518.5
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(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 esta…
Code Civ. Proc. § 1519 Section 1519
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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 st…
Code Civ. Proc. § 1519.5 Section 1519.5
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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 be…
Code Civ. Proc. § 1520 Section 1520
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(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 …
Code Civ. Proc. § 1520.5 Section 1520.5
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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 oth…
Code Civ. Proc. § 1521 Section 1521
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(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 distrib…
Code Civ. Proc. § 1522 Section 1522
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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 th…
Code Civ. Proc. § 1523 Section 1523
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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 th…
Code Civ. Proc. § 1528 Section 1528
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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 use…
Code Civ. Proc. § 1530 Section 1530
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(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 travele…
Code Civ. Proc. § 1531 Section 1531
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(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 sit…
Code Civ. Proc. § 1531.5 Section 1531.5
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(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 elec…
Code Civ. Proc. § 1531.6 Section 1531.6
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(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 oth…
Code Civ. Proc. § 1532 Section 1532
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(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 u…
Code Civ. Proc. § 1532.1 Section 1532.1
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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 f…
Code Civ. Proc. § 1533 Section 1533
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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 th…
Code Civ. Proc. § 1540 Section 1540
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(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 prescr…
Code Civ. Proc. § 1541 Section 1541
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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 …
Code Civ. Proc. § 1542 Section 1542
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(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 pro…
Code Civ. Proc. § 1543 Section 1543
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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 submiss…
Code Civ. Proc. § 1560 Section 1560
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(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…
Code Civ. Proc. § 1561 Section 1561
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(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 …
Code Civ. Proc. § 1562 Section 1562
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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 acc…
Code Civ. Proc. § 1563 Section 1563
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(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 mar…
Code Civ. Proc. § 1564 Section 1564
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(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 …
Code Civ. Proc. § 1564.5 Section 1564.5
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(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 deposi…
Code Civ. Proc. § 1565 Section 1565
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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 p…
Code Civ. Proc. § 1566 Section 1566
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(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) Ex…
Code Civ. Proc. § 1567 Section 1567
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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…
Code Civ. Proc. § 1568 Section 1568
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(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 purs…
Code Civ. Proc. § 1570 Section 1570
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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,…
Code Civ. Proc. § 1571 Section 1571
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(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 requeste…
Code Civ. Proc. § 1572 Section 1572
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(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 judici…
Code Civ. Proc. § 1573 Section 1573
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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 stat…
Code Civ. Proc. § 1574 Section 1574
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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 h…
Code Civ. Proc. § 1575 Section 1575
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(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…
Code Civ. Proc. § 1576 Section 1576
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(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 i…
Code Civ. Proc. § 1577 Section 1577
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(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…
Code Civ. Proc. § 1577.5 Section 1577.5
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(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 ch…
Code Civ. Proc. § 1580 Section 1580
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The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter.
Code Civ. Proc. § 1581 Section 1581
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(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 simi…
Code Civ. Proc. § 1582 Section 1582
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(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…
Code Civ. Proc. § 646 Section 646
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An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section s…
Code Civ. Proc. § 647 Section 647
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All of the following are deemed excepted to: the verdict of the jury; the final decision in an action or proceeding; an interlocutory order or decision, finally determining the rights of the parties, or some of them; an order or decision from which an appeal may be taken; an orde…
Code Civ. Proc. § 651 Section 651
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(a) On its own motion or on the motion of a party, where the court finds that such a view would be proper and would aid the trier of fact in its determination of the case, the court may order a view of any of the following: (1) The property which is the subject of litigation. (2)…
Code Civ. Proc. § 656 Section 656
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A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee.
Code Civ. Proc. § 657 Section 657
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The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rig…
Code Civ. Proc. § 657.1 Section 657.1
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A new trial may also be granted as provided in Section 914 of this code.
Code Civ. Proc. § 658 Section 658
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When the application is made for a cause mentioned in the first, second, third and fourth subdivisions of Section 657, it must be made upon affidavits; otherwise it must be made on the minutes of the court.