reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1571.

1571. (a) The Controller may at reasonable times and upon reasonable notice examine the records of any person if the Controller has reason to believe that the person is a holder who has failed to report property that should have been reported pursuant to this chapter.
(b) When requested by the Controller, the examination shall be conducted by any licensing or regulating agency otherwise empowered by the laws of this state to examine the records of the holder. For the purpose of determining compliance with this chapter, the Commissioner of Financial Protection and Innovation is vested with full authority to examine the records of any banking organization and any savings association doing business within this state but not organized under the laws of or created in this state.
(c) Following a public hearing, the Controller shall adopt guidelines as to the policies and procedures governing the activity of third-party auditors who are hired by the Controller.
(d) Following a public hearing, the Controller shall adopt guidelines, on or before July 1, 1999, establishing forms, policies, and procedures to enable a person to dispute or appeal the results of any record examination conducted pursuant to this section.
(Amended by Stats. 2022, Ch. 452, Sec. 42. (SB 1498) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1572.

1572. (a) The State Controller may bring an action in a court of appropriate jurisdiction, as specified in this section, for any of the following purposes:
(1) To enforce the duty of any person under this chapter to permit the examination of the records of such person.
(2) For a judicial determination that particular property is subject to escheat by this state pursuant to this chapter.
(3) To enforce the delivery of any property to the State Controller as required under this chapter.
(b) The State Controller may bring an action under this chapter in any court of this state of appropriate jurisdiction in any of the following cases:
(1) Where the holder is any person domiciled in this state, or is a government or governmental subdivision or agency of this state.
(2) Where the holder is any person engaged in or transacting business in this state, although not domiciled in this state.
(3) Where the property is tangible personal property and is held in this state.
(c) In any case where no court of this state can obtain jurisdiction over the holder, the State Controller may bring an action in any federal or state court with jurisdiction over the holder.
(Added by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1573.

1573. The State Controller may enter into an agreement to provide information needed to enable another state to determine unclaimed property it may be entitled to escheat if such other state or an official thereof agrees to provide this state with information needed to enable this state to determine unclaimed property it may be entitled to escheat. The State Controller may, by regulation, require the reporting of information needed to enable him to comply with agreements made pursuant to this section and may, by regulation, prescribe the form, including verification, of the information to be reported and the times for filing the reports.
(Added by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1574.

1574. At the request of another state, the Attorney General of this state may bring an action in the name of the other state, in any court of appropriate jurisdiction of this state or federal court within this state, to enforce the unclaimed property laws of the other state against a holder in this state of property subject to escheat by the other state, if:
(a) The courts of the other state cannot obtain jurisdiction over the holder;
(b) The other state has agreed to bring actions in the name of this state at the request of the Attorney General of this state to enforce the provisions of this chapter against any person in the other state believed by the State Controller to hold property subject to escheat under this chapter, where the courts of this state cannot obtain jurisdiction over such person; and
(c) The other state has agreed to pay reasonable costs incurred by the Attorney General in bringing the action.
(Added by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1575.

1575. (a) If the State Controller believes that a person in another state holds property subject to escheat under this chapter and the courts of this state cannot obtain jurisdiction over that person, the Attorney General of this state may request an officer of the other state to bring an action in the name of this state to enforce the provisions of this chapter against such person.
(b) This state shall pay all reasonable costs incurred by the other state in any action brought under the authority of this section. The State Controller may agree to pay to any state bringing such an action a reward not to exceed fifteen percent of the value, after deducting reasonable costs, of any property recovered for this state as a direct or indirect result of such action. Any costs or rewards paid pursuant to this section shall be paid from the Abandoned Property Account in the Unclaimed Property Fund and shall not be deducted from the amount that is subject to be claimed by the owner in accordance with this chapter.
(Added by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1576.

1576. (a) Any person who willfully fails to render any report or perform other duties, including use of the report format described in Section 1530, required under this chapter shall be punished by a fine of one hundred dollars ($100) for each day such report is withheld or such duty is not performed, but not more than ten thousand dollars ($10,000).
(b) Any person who willfully refuses to pay or deliver escheated property to the Controller as required under this chapter shall be punished by a fine of not less than five thousand dollars ($5,000) nor more than fifty thousand dollars ($50,000).
(c) No person shall be considered to have willfully failed to report, pay, or deliver escheated property, or perform other duties unless he or she has failed to respond within a reasonable time after notification by certified mail by the Controller’s office of his or her failure to act.
(Amended by Stats. 1996, Ch. 762, Sec. 10. Effective January 1, 1997.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 6 - Compliance and Enforcement › Section 1577.

1577. (a) In addition to any damages, penalties, or fines for which a person may be liable under other provisions of law, any person who fails to report, pay, or deliver unclaimed property within the time prescribed by this chapter, unless that failure is due to reasonable cause, shall pay to the Controller interest at the rate of 12 percent per annum on that property or value thereof from the date the property should have been reported, paid, or delivered.
(b) If a holder reports and pays or delivers unclaimed property within the time prescribed by this chapter, but files a report that is not in substantial compliance with the requirements of Section 1530 or 1532, the interest payable on the unclaimed property that is paid or delivered in the time prescribed by this chapter shall not exceed ten thousand dollars ($10,000).
(c) The Controller may waive the interest payable under this section if the holder’s failure to file a report that is in substantial compliance with the requirements of Section 1530 or 1532 is due to reasonable cause.
(d) The Controller shall waive the interest payable under this section if the holder participates in and completes all of the requirements of the California Voluntary Compliance Program under Section 1577.5, subject to the right to reinstate, as specified.
(Amended by Stats. 2022, Ch. 282, Sec. 2. (AB 2280) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 7 - Miscellaneous › Section 1580.

1580. The State Controller is hereby authorized to make necessary rules and regulations to carry out the provisions of this chapter.
(Amended by Stats. 1978, Ch. 1183.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 7 - Miscellaneous › Section 1581.

1581. (a) Any business association that sells in this state its travelers checks, money orders, or other similar written instruments (other than third-party bank checks) on which such business association is directly liable, or that provides such travelers checks, money orders, or similar written instruments to others for sale in this state, shall maintain a record indicating those travelers checks, money orders, or similar written instruments that are purchased from it in this state.
(b) The record required by this section may be destroyed after it has been retained for such reasonable time as the State Controller shall designate by regulation.
(c) Any business association that willfully fails to comply with this section is liable to the state for a civil penalty of five hundred dollars ($500) for each day of such failure to comply, which penalty may be recovered in an action brought by the State Controller.
(Amended by Stats. 1975, Ch. 25.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 7 - Unclaimed Property Law › ARTICLE 7 - Miscellaneous › Section 1582.

1582. (a) (1) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 is invalid if either of the following apply:
(A) The agreement is entered into between the date a report is filed under subdivision (d) of Section 1530 and the date the property is paid or delivered under Section 1532.
(B) The agreement requires the owner to pay a fee or compensation prior to approval of the claim and payment of the recovered property to the owner by the Controller.
(2) An agreement to locate, deliver, recover, or assist in the recovery of property reported under Section 1530 made after payment or delivery under Section 1532 is valid if it meets all of the following requirements:
(A) The agreement is in writing and includes a disclosure of the nature and value of the property, that the Controller is in possession of the property, and the address where the owner can directly claim the property from the Controller.
(B) The agreement is signed by the owner after receipt of the disclosure described in subparagraph (A).
(C) The fee or compensation agreed upon is not in excess of 10 percent of the recovered property.
(3) This subdivision shall not be construed to prevent an owner from asserting, at any time, that an agreement to locate property is based upon an excessive or unjust consideration.
(b) Notwithstanding any other provision of law, records of the Controller’s office pertaining to unclaimed property are not available for public inspection or copying until after publication of notice of the property or, if publication of notice of the property is not required, until one year after delivery of the property to the Controller.
(Amended by Stats. 2022, Ch. 282, Sec. 5. (AB 2280) Effective January 1, 2023.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1600.

1600. It is the policy of this State:
(a) To discover property in the custody of officers, departments, and agencies of the United States, which property is unclaimed by owners whose addresses are known or presumed to be in this State;
(b) To provide a procedure for judicial determination of the right of the State to receive custody of such unclaimed property; and
(c) To authorize expenditure of state funds to pay the proportionate cost of the State in discovering such unclaimed property and to hold the United States harmless against claims concerning such property when delivered to the custody of the State in accordance with this chapter.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1601.

1601. As used in this chapter:
(a) “Unclaimed property” means any tangible personal property or intangible personal property, including choses in action in amounts certain, and all debts owed or entrusted funds or other property held by any federal agency or any officer or employee thereof, whether occasioned by contract or operation of law or otherwise, except bonuses and gratuities, which has remained unclaimed by the owner for:
(1) Twenty years from the date of maturity or call for payment, if arising from transactions under the public debt; or
(2) Twenty years after the last transaction concerning principal or interest, if deposits in the postal savings system; or
(3) Five years after the property first became payable, demandable, or returnable, if arising from any other transaction.
(b) “Owner” means any person, including his or her legal representative, who has or had a legal or equitable interest in unclaimed property. The owner shall be conclusively presumed to be the person to whom unclaimed property was or is payable or returnable according to the records of the United States Government. If two or more persons are interested in the property, and the extent of their respective interests is unknown, it shall be presumed that their interests in such property are equal.
(c) “Person” includes any individual, partnership, corporation, limited liability company, unincorporated association, or other legal entity.
(Amended by Stats. 1994, Ch. 1010, Sec. 64. Effective January 1, 1995.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1602.

1602. The Controller is authorized to enter into agreements establishing the time and manner for payments of this State’s proportionate share of the actual and necessary cost incurred by the United States in examining records and reporting information to this State as such share of such cost shall be determined pursuant to federal law. Said agreements may provide for single payments at stated times over a period of years. The State Controller shall make all payments at the time and in the manner provided in said agreements.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1603.

1603. The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with the provisions of this chapter. In the event an action or proceeding on such claim is brought against the United States the Attorney General shall intervene therein. The State consents to suit by such claimant in such contingency and any defense in favor of the United States shall be available to and urged by the State.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1604.

1604. (a) All unclaimed intangible property, together with all interest and other increments accruing thereto, is subject to delivery to this state if the last known address of the owner is in this state. If the last known address of an owner is in this state, any other owner’s address which is unknown shall be presumed to be in this state. If the last known addresses of owners are in this state and in one or more other states, the addresses of other owners whose addresses are unknown shall be presumed to be within this state if the federal agency having custody of the unclaimed property initially acquired possession in this state. If the records of the United States do not disclose the address of any owner of unclaimed property, such address shall be presumed to be within this state if the federal agency having custody of such property initially acquired possession in this state. All addresses presumed to be within this state are presumed to be within the County of Sacramento. For the purposes of this chapter, it shall be presumed that the situs of unclaimed intangible property is in this state if the last known or presumed address of the owner is in this state.
(b) All unclaimed tangible property is subject to delivery to this state if the federal agency having custody of the unclaimed property initially acquired possession in this state.
(Amended by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1605.

1605. The Governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means whereby the United States shall be compensated at reasonable times for this State’s proportionate share of the actual and necessary cost of examining records and for reporting information and whereby the United States shall be held harmless in the event of claim for property delivered to this State in accordance with the provisions of this chapter.
Such certification shall be made on the thirtieth day of June next following the effective date of any federal statute requiring such certification.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1606.

1606. On the thirtieth day of June next following the date of certification by the Governor, and annually thereafter, the Controller shall request the Comptroller General or other proper officer of the United States to report all previously unreported information relating to unclaimed property as determined by that officer pursuant to federal law.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1607.

1607. When a report is received from the Comptroller General or other proper officer of the United States, the Controller shall prepare and forward a copy thereof to the clerk of the superior court of each county within this state and the clerk shall post a copy at the courthouse for a period of 60 days. Any person asserting an interest in property mentioned in the report may elect to claim against the United States under the laws of the United States, in which event and within 90 days following the date of initial posting by the clerk the person shall notify the Controller of the asserted interest and intention to so claim. The Controller shall omit the property from any claim by the state until such time as the asserted interest may be finally determined against the claimant. The interest may not thereafter be asserted against the state.
(Amended by Stats. 2003, Ch. 62, Sec. 27. Effective January 1, 2004.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1608.

1608. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property shall not affect the right of this State to acquire possession of unclaimed property in accordance with the provisions of this chapter.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1609.

1609. Within 120 days following the date of initial posting by the clerk of the superior court, the Attorney General shall commence a proceeding by filing a petition to determine the state’s right to custody of all property mentioned in such report and unclaimed within the time and in the manner provided by Section 1607. The proceeding shall be commenced and heard in the superior court in the County of Sacramento and venue shall not be affected by the provisions of Section 401, Code of Civil Procedure.
The petition shall name as respondents all persons known to have been interested and “all persons unknown claiming any title or interest in or to the property described or referred to in the petition.” If the records of the United States fail to disclose with reasonable certainty the identity or number of owners or claimants of specific funds or other personal property, or the extent of their interests therein, such persons may be designated and described as a class, to wit, as “all unknown owners or claimants to the funds or property mentioned in or affected by ____,” and, as the case may be, the petition shall identify and set forth the court actions or proceedings to the credit of which such funds or other property are held, or the accounts or other identifying references under which they are carried upon the records of the United States. The petition shall describe or refer to the property, and may include one or more items, as the Attorney General may be advised, without prejudice to his right to commence subsequent proceedings relating to other items not included. The petition shall also state the name of the owner and his last address as known or as presumed under this chapter, and shall set forth the facts and circumstances by virtue of which it is claimed that such funds or property are subject to custody by the state. Any number of respondents may be joined whether they reside in the same or different counties, and any number of causes of action may be joined and need not be separately stated.
(Amended by Stats. 2002, Ch. 784, Sec. 85. Effective January 1, 2003.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1610.

1610. No summons or other process shall issue to direct the appearance and answer of a respondent. Commencing within five days after filing petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the County of Sacramento. At the time the notice is first published, a copy of the petition and notice shall be posted at the courthouse in the county where each defendant was last known or presumed to have had an address. Such petition and such notice shall remain posted for 45 days. The notice of proceeding shall advise that the State seeks custody of unclaimed property held by the United States. The names but not the addresses of the respondents shall be contained in the notice with a statement that such persons are believed to live or to have lived within the State and are believed to be or to have been owners of the unclaimed property. The notice shall not contain a description of the unclaimed property but shall advise that such description together with the last known or presumed addresses of owners may be determined by examining the petition filed in the proceeding. The petition and its place of filing shall be sufficiently identified and described. The notice shall advise that persons claiming an interest must answer the petition within the time prescribed by law, which time shall be stated, if they elect to pursue their claims against the United States, otherwise their rights to property shall be preserved subject to delayed delivery as provided by law. The notice shall advise that Section 1611, Code of Civil Procedure, should be consulted for the time, form, and costs of an answer.
The notice shall be deemed completed 45 days after the date of first publication, whereupon the court shall have full and complete jurisdiction over the property described in the petition and not claimed within the time or in the manner provided in Section 1611, and shall have full and complete jurisdiction to determine the right of the State to custody and to render an appropriate judgment therefor.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1611.

1611. Any person, whether or not named in the petition, may within 15 days after completion of notice respond to the petition by answer describing the property, asserting an interest as owner or successor, and declaring an intention to claim the same from the United States under the laws of the United States. Such answer shall not be filed unless accompanied by the sum of ten dollars ($10) for deposit in court, and no other answer or response shall be filed by or on behalf of a claimant. The court shall strike from the petition and dismiss from the proceeding all property described in the answer. The funds on deposit shall be transmitted by the court to the Controller and shall be received for deposit in the abandoned property account in the Unclaimed Property Fund as total reimbursement for costs and services expended on behalf of the claimant. Such dismissal shall be without prejudice to a subsequent petition should it appear that the claimant is not entitled to the property, and the interest asserted in said answer shall not thereafter be asserted against the State.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1612.

1612. Within 20 days following expiration of time for filing answer under Section 1611, the Attorney General shall apply to the court for a judgment relating to all property set forth in the petition and not claimed by answer. The court shall find that such property appears to be or to have been owned by persons residing within this State and remains unclaimed by such persons. The court shall declare that the property, which shall be described, is subject to custody of the State and shall be delivered to and received by the State of California to be retained until such time as it may be claimed pursuant to law.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1613.

1613. The Controller shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. The request shall be accompanied by a certified copy of said judgment and shall be directed to such officer, agency, or department of the United States as may be designated for such purposes by federal law. The Controller shall furnish receipts for all property delivered or paid.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1614.

1614. Property received under this chapter shall be deposited or sold by the State Controller as though received under Chapter 7 (commencing with Section 1500) of this title. Property received under this chapter shall not be subject to claim within two years following the date upon which it is paid to or received by the state. Thereafter, claims shall be made in the manner provided in Chapter 7 (commencing with Section 1500) of this title.
(Amended by Stats. 1968, Ch. 356.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 10 - UNCLAIMED PROPERTY › CHAPTER 8 - Property in Custody of Federal Officers, Agencies, and Departments › Section 1615.

1615. All money in the abandoned property account in the Unclaimed Property Fund is hereby continuously appropriated to the State Controller without regard to fiscal years, for expenditure in accordance with this chapter for the following purposes:
(a) For payment of the proportionate costs of this State pursuant to the terms of any contract entered with the United States;
(b) For payment of sums necessary to indemnify the United States for losses occasioned by claims to property delivered to the custody of this State.
(Added by Stats. 1959, Ch. 1801.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.10.

1710.10. As used in this chapter:
(a) “Judgment creditor” means the person or persons who can bring an action to enforce a sister state judgment.
(b) “Judgment debtor” means the person or persons against whom an action to enforce a sister state judgment can be brought.
(c) “Sister state judgment” means that part of any judgment, decree, or order of a court of a state of the United States, other than California, which requires the payment of money, but does not include a support order as defined in Section 155 of the Family Code.
(Amended by Stats. 1992, Ch. 163, Sec. 64. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.15.

1710.15. (a) A judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application pursuant to Section 1710.20.
(b) The application shall be executed under oath and shall include all of the following:
(1) A statement that an action in this state on the sister state judgment is not barred by the applicable statute of limitations.
(2) A statement, based on the applicant’s information and belief, that no stay of enforcement of the sister state judgment is currently in effect in the sister state.
(3) A statement of the amount remaining unpaid under the sister state judgment and, if accrued interest on the sister state judgment is to be included in the California judgment, a statement of the amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state), a statement of the rate of interest applicable to the judgment under the law of the sister state, and a citation to the law of the sister state establishing the rate of interest.
(4) A statement that no action based on the sister state judgment is currently pending in any court in this state and that no judgment based on the sister state judgment has previously been entered in any proceeding in this state.
(5) Where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor. Where the judgment debtor is a corporation, a statement of the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code. Where the judgment debtor is a partnership, a statement of the name of the partnership, whether it is a foreign partnership, and, if it is a foreign partnership, whether it has filed a statement pursuant to Section 15800 of the Corporations Code designating an agent for service of process. Except for facts which are matters of public record in this state, the statements required by this paragraph may be made on the basis of the judgment creditor’s information and belief.
(6) A statement setting forth the name and address of the judgment creditor.
(c) A properly authenticated copy of the sister state judgment shall be attached to the application.
(Amended by Stats. 1985, Ch. 106, Sec. 11.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.20.

1710.20. (a) An application for entry of a judgment based on a sister state judgment shall be filed in a superior court.
(b) Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, the proper county for the filing of an application is any of the following:
(1) The county in which any judgment debtor resides.
(2) If no judgment debtor is a resident, any county in this state.
(c) A case in which the sister state judgment amounts to thirty-five thousand dollars ($35,000) or less is a limited civil case.
(Amended by Stats. 2023, Ch. 861, Sec. 7. (SB 71) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.25.

1710.25. (a) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total of the following amounts as shown therein:
(1) The amount remaining unpaid under the sister state judgment.
(2) The amount of interest accrued on the sister state judgment (computed at the rate of interest applicable to the judgment under the law of the sister state).
(3) The amount of the fee for filing the application for entry of the sister state judgment.
(b) Entry shall be made in the same manner as entry of an original judgment of the court. From the time of entry, interest shall accrue on the judgment so entered at the rate of interest applicable to a judgment entered in this state.
(Amended by Stats. 1984, Ch. 311, Sec. 4.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.30.

1710.30. (a) Notice of entry of judgment shall be served promptly by the judgment creditor upon the judgment debtor in the manner provided for service of summons by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Notice shall be in a form prescribed by the Judicial Council and shall inform the judgment debtor that the judgment debtor has 30 days within which to make a motion to vacate the judgment.
(b) The fee for service of the notice of entry of judgment under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ as provided in Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9 of Part 2, but such fee may not exceed the amount allowed to a public officer or employee in this state for such service.
(Amended by Stats. 1982, Ch. 497, Sec. 79. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.35.

1710.35. Except as otherwise provided in this chapter, a judgment entered pursuant to this chapter shall have the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.
(Amended by Stats. 1984, Ch. 311, Sec. 5.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.40.

1710.40. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.
(b) Not later than 30 days after service of notice of entry of judgment pursuant to Section 1710.30, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2, the judgment debtor, on written notice to the judgment creditor, may make a motion to vacate the judgment under this section.
(c) Upon the hearing of the motion to vacate the judgment under this section, the judgment may be vacated upon any ground provided in subdivision (a) and another and different judgment entered, including, but not limited to, another and different judgment for the judgment creditor if the decision of the court is that the judgment creditor is entitled to such different judgment. The decision of the court on the motion to vacate the judgment shall be given and filed with the clerk of court in the manner provided in Sections 632, 634, and 635, except that the court is not required to make any written findings and conclusions if the amount of the judgment as entered under Section 1710.25 does not exceed one thousand dollars ($1,000).
(Amended by Stats. 1977, Ch. 232.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.45.

1710.45. (a) Except as otherwise provided in this section, a writ of execution on a judgment entered pursuant to this chapter shall not issue, nor may the judgment be enforced by other means, until at least 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2.
(b) A writ of execution may be issued, or other enforcement sought, before service of the notice of entry of judgment if the judgment debtor is any of the following:
(1) An individual who does not reside in this state.
(2) A foreign corporation not qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(3) A foreign partnership which has not filed a statement pursuant to Section 15700 of the Corporations Code designating an agent for service of process.
(c) The court may order that a writ of execution be issued, or may permit enforcement by other means, before service of the notice of entry of judgment if the court finds upon an ex parte showing that great or irreparable injury would result to the judgment creditor if issuance of the writ or enforcement were delayed as provided in subdivision (a).
(d) Property levied upon pursuant to a writ issued under subdivision (b) or (c) or otherwise sought to be applied to the satisfaction of the judgment shall not be sold or distributed before 30 days after the judgment creditor serves notice of entry of the judgment upon the judgment debtor, proof of which has been made in the manner provided by Article 5 (commencing with Section 417.10) of Chapter 4 of Title 5 of Part 2. However, if property levied upon is perishable, it may be sold in order to prevent its destruction or loss of value, but the proceeds of the sale shall not be distributed to the judgment creditor before the date sale of nonperishable property is permissible.
(Amended by Stats. 1982, Ch. 497, Sec. 80. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.50.

1710.50. (a) The court shall grant a stay of enforcement where:
(1) An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
(2) A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
(3) The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtor’s motion to vacate is determined.
(4) A money judgment or lien on real property was obtained against a person or entity for exercising a right guaranteed under the United States Constitution or a right guaranteed under the California Constitution, or against a person or entity for aiding and abetting the exercise of said rights. The stay of enforcement shall remain in place until such time as the statute of limitations in Section 1798.303 of the Civil Code has elapsed or an action prosecuted under Section 1798.303 has concluded, whichever is later.
(5) Any other circumstance exists where the interests of justice require a stay of enforcement.
(b) The court may grant a stay of enforcement under this section on its own motion, on ex parte motion, or on noticed motion.
(c) The court shall grant a stay of enforcement under this section on such terms and conditions as are just including but not limited to the following:
(1) The court may require an undertaking in an amount it determines to be just, but the amount of the undertaking shall not exceed double the amount of the judgment creditor’s claim.
(2) If a writ of execution has been issued, the court may order that it remain in effect.
(3) If property of the judgment debtor has been levied upon under a writ of execution, the court may order the levying officer to retain possession of the property capable of physical possession and to maintain the levy on other property.
(Amended by Stats. 2023, Ch. 260, Sec. 9. (SB 345) Effective January 1, 2024.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.55.

1710.55. No judgment based on a sister state judgment may be entered pursuant to this chapter in any of the following cases:
(a) A stay of enforcement of the sister state judgment is currently in effect in the sister state.
(b) An action based on the sister state judgment is currently pending in any court in this state.
(c) A judgment based on the sister state judgment has previously been entered in any proceeding in this state.
(Added by Stats. 1974, Ch. 211.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.60.

1710.60. (a) Except as provided in subdivision (b), nothing in this chapter affects any right a judgment creditor may have to bring an action to enforce a sister state judgment.
(b) No action to enforce a sister state judgment may be brought where a judgment based on such sister state judgment has previously been entered pursuant to this chapter.
(Added by Stats. 1974, Ch. 211.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 1 - Sister State Money Judgments › Section 1710.65.

1710.65. The entry of a judgment based on a sister state judgment pursuant to this chapter does not limit the right of the judgment creditor to bring an action based on the part of a judgment of a sister state which does not require the payment of money, nor does the bringing of such an action limit the right of the judgment creditor to obtain entry of judgment based on the sister state judgment pursuant to this chapter.
(Added by Stats. 1974, Ch. 211.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 2 - Foreign-Country Money Judgments › Section 1713.

1713. This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.
(Repealed and added by Stats. 2007, Ch. 212, Sec. 2. Effective January 1, 2008.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 11 - MONEY JUDGMENTS OF OTHER JURISDICTIONS › CHAPTER 2 - Foreign-Country Money Judgments › Section 1714.

1714. As used in this chapter:
(a) “Foreign country” means a government other than any of the following:
(1) The United States.
(2) A state, district, commonwealth, territory, or insular possession of the United States.
(3) A federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village.
(4) Any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
(b) “Foreign-country judgment” means a judgment of a court of a foreign country.
(Amended (as amended by Stats. 2014, Ch. 243, Sec. 2) by Stats. 2017, Ch. 168, Sec. 3. (AB 905) Effective January 1, 2018.)