SECTIONS 1410 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1410

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.