SECTIONS 1540-1542 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1540-1542

1540. (a) Any person, excluding another state, who claims an
interest in 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 and may hold a hearing and receive evidence. The
Controller shall give written notice to the claimant if he or she
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. No notice of denial need 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) No interest shall be payable on any claim paid under this
chapter.
(d) For the purposes of this section, "owner" means the person who
had legal right to the property prior to its escheat, his or her
heirs, his or her legal representative, or a public administrator
acting pursuant to the authority granted in Sections 7660 and 7661 of
the Probate Code.
(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.

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.

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.