SECTIONS 1350-1355 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1350-1355

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.

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.

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.

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.

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.

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.