SECTIONS 12540-12544 - California Statutes

GOVERNMENT CODE

SECTION 12540-12544

12540. The Attorney General shall institute investigations for the
discovery of all real and personal property to which the State may be
entitled by escheat. For that purpose he may cite any person before
any superior court of this State to answer investigations and render
accounts concerning any such property, and he may examine all books
and papers of any corporation.

12541. The Attorney General shall commence and prosecute actions on
behalf of the State pursuant to Title 10, Part 3, of the Code of
Civil Procedure, for the purpose of having it adjudged that title to
real or personal property, to which the State has become entitled by
escheat, is vested in the State.

12542. The Attorney General may employ counsel to act in his place
and stead for the investigation for discovery and the recovery of any
such property. In such proceedings counsel so employed have the
authority of the Attorney General.

12543. The compensation for services of such counsel shall be
determined by the Department of General Services and paid only out of
the sums found to be escheated and recovered to the state. The
Attorney General may pay to such counsel a sum not in excess of 10
percent of the sums actually received, and the balance shall be paid
into the estates of Deceased Persons Fund.

12544. If an escheat proceeding is prosecuted by the staff of the
Attorney General's office, the Attorney General shall recover, by
presenting a claim to the Controller, all costs and charges of
commencing and prosecuting the suit, from the funds so escheated.
Those claims shall be paid from the Abandoned Property Account in the
Unclaimed Property Fund and credited to and in augmentation of any
support appropriation of the Attorney General. The costs and charges
may not in any case exceed 10 per cent of the sum or sums actually
escheated to the State in those suits.