SECTIONS 1310-1321 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1310-1321

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.