California Lost Property Statutes

8/7/2019 California Lost Property Statutes

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California

West's Annotated California Codes Currentness. Civil


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Code. Division 3. Obligations. Part 4. ObligationsArising from Particular Transactions. Title 6. Service.Chapter 4. Lost and Unclaimed Property. Article 1. LostMoney and Goods.

Statute DetailsPrintable Version

Citation: CA CIVIL 2080 - 2082

Citation: West's Ann. Cal. Civ. Code 2080 - 2082

Last Checked by Web Center Staff: 09/10

Summary: This statutory section comprises California's

lost property laws.

Statute in Full:

2080. Duties of finder 2080.1. Delivery to police or sheriff; affidavit;charges 2080.2. Restoration to owner 2080.3. Advertisement; payment of cost; vesting oftitle in finder 2080.4. Local regulations 2080.5. Authority to sell 2080.6. Public agency; adoption of regulations 2080.7. Abandoned property 2080.8. University regents or police department

2080.9. Trustees of state university [Repealed] 2080.10. Public agency temporarily receivingpersonalty for safekeeping; duties 2081. Storage by bailee until freight and charges paid 2081.1. Auction; notice 2081.2. Surplus; disposition 2081.3. Surplus; failure of owner to demand; paymentto county treasury 2081.4. Termination of bailee's responsibility;liability of warehousemen 2081.5. Advances; effect upon sale of unclaimedproperty 2081.6. Applicable law 2082. Amount of fees; payment 2080. Duties of finderAny person who finds a thing lost is not bound to takecharge of it, unless the person is otherwise required to

do so by contract or law, but when the person does takecharge of it he or she is thenceforward a depositary for

the owner, with the rights and obligations of adepositary for hire. Any person or any public or private

entity that finds and takes possession of any money,goods, things in action, or other personal property, orsaves any domestic animal from harm, neglect, drowning,


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or starvation, shall, within a reasonable time, informthe owner, if known, and make restitution withoutcompensation, except a reasonable charge for saving andtaking care of the property. Any person who takespossession of a live domestic animal shall provide forhumane treatment of the animal.CREDIT(S)

(Added by Stats.1967, c. 1512, p. 3601, 3. Amended byStats.1998, c. 752 (S.B.1785), 9.) 2080.1. Delivery to police or sheriff; affidavit;charges(a) If the owner is unknown or has not claimed theproperty, the person saving or finding the propertyshall, if the property is of the value of one hundreddollars ($100) or more, within a reasonable time turnthe property over to the police department of the cityor city and county, if found therein, or to thesheriff's department of the county if found outside of

city limits, and shall make an affidavit, stating whenand where he or she found or saved the property,particularly describing it. If the property was saved,the affidavit shall state:(1) From what and how it was saved.(2) Whether the owner of the property is known to theaffiant.(3) That the affiant has not secreted, withheld, ordisposed of any part of the property.(b) The police department or the sheriff's departmentshall notify the owner, if his or her identity isreasonably ascertainable, that it possesses the property

and where it may be claimed. The police department orsheriff's department may require payment by the owner of

a reasonable charge to defray costs of storage and careof the property.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3. Amended byStats.1992, c. 138 (A.B.2457), 1.) 2080.2. Restoration to ownerIf the owner appears within 90 days, after receipt ofthe property by the police department or sheriff'sdepartment, proves his ownership of the property, andpays all reasonable charges, the police department orsheriff's department shall restore the property to him.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3.) 2080.3. Advertisement; payment of cost; vesting oftitle in finder(a) If the reported value of the property is two hundred

fifty dollars ($250) or more and no owner appears and

proves his or her ownership of the property within 90days, the police department or sheriff's departmentshall cause notice of the property to be published at


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least once in a newspaper of general circulation. If,after seven days following the first publication of thenotice, no owner appears and proves his or her ownership

of the property and the person who found or saved theproperty pays the cost of the publication, the titleshall vest in the person who found or saved the property

unless the property was found in the course ofemployment by an employee of any public agency, in which

case the property shall be sold at public auction. Title

to the property shall not vest in the person who foundor saved the property or in the successful bidder at the

public auction unless the cost of publication is firstpaid to the city, county, or city and county whosepolice or sheriff's department caused the notice to be

published.(b) If the reported value of the property is less thantwo hundred fifty dollars ($250) and no owner appearsand proves his or her ownership of the property within90 days, the title shall vest in the person who found or

saved the property, unless the property was found in the

course of employment by an employee of any publicagency, in which case the property shall be sold atpublic auction.CREDIT(S)

(Added by Stats.1967, c. 1512, p. 3601, 3. Amended byStats.1970, c. 260, p. 524, 1; Stats.1971, c. 1254, p.2465, 1; Stats.1977, c. 250, p. 1136, 1; Stats.1992,c. 138 (A.B.2457), 2.) 2080.4. Local regulationsNotwithstanding the provisions of Section 2080.3 orSection 2080.6, the legislative body of any city, cityand county, or county may provide by ordinance for thecare, restitution, sale or destruction of unclaimedproperty in the possession of the police department ofsuch city or city and county or of the sheriff of suchcounty. Any city, city and county, or county adoptingsuch an ordinance shall provide therein (1) that suchunclaimed property shall be held by the policedepartment or sheriff for a period of at least threemonths, and (2) that thereafter such property will besold at public auction to the highest bidder, withnotice of such sale being given by the chief of policeor sheriff at least five days before the time fixedtherefor by publication once in a newspaper of generalcirculation published in the county, or that thereaftersuch property will be transferred to the localgovernment purchasing and stores agency or other similar

agency for sale to the public at public auction. If such

property is transferred to a county purchasing agent it


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may be sold in the manner provided by Article 7(commencing with Section 25500) of Chapter 5 of Part 2of Division 2 of Title 3 of the Government Code for thesale of surplus personal property. If property istransferred to the local government purchasing andstores agency or other similar agency pursuant to thissection, such property shall not be redeemable by the

owner or other person entitled to possession. If thelocal government purchasing and stores agency or othersimilar agency determines that any such propertytransferred to it for sale is needed for a public use,such property may be retained by the agency and need not

be sold.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3. Amended byStats.1969, c. 857, p. 1689, 1; Stats.1983, c. 878, 1.)

2080.5. Authority to sellThe police department or sheriff's department may sellsuch property by public auction, in the manner and uponthe notice of sale of personal property under execution,

if it is a thing which is commonly the subject of sale,when the owner cannot, with reasonable diligence, befound, or, being found, refuses upon demand to pay thelawful charges provided by Sections 2080 and 2080.1, inthe following cases:(1) When the thing is in danger of perishing, or oflosing the greater part of its value; or,

(2) When the lawful charges provided by Sections 2080and 2080.1 amount to two-thirds of its value.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3.) 2080.6. Public agency; adoption of regulations(a) Any public agency may elect to be governed by theprovisions of this article with respect to dispositionof personal property found or saved on property subjectto its jurisdiction, or may adopt reasonable regulations

for the care, restitution, sale or destruction ofunclaimed property in its possession. Any public agencyadopting such regulations shall provide therein (1) that

such unclaimed property shall be held by such agency for

a period of at least three months, (2) that thereaftersuch property will be sold at public auction to thehighest bidder, and (3) that notice of such sale shallbe given by the chief administrative officer of suchagency at least five days before the time fixed therefor

by publication once in a newspaper of general

circulation published in the county in which suchproperty was found. Any property remaining unsold afterbeing offered at such public auction may be destroyed or


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otherwise disposed of by the public agency. In a countyhaving a purchasing agent, the purchasing agent mayconduct such sale, in which case the provisions ofsubdivisions (2) and (3) of this section shall not beapplicable. Such sale shall be made by the countypurchasing agent in the manner provided by Article 7

(commencing with Section 25500) of Chapter 5 of Part 2of Division 2 of Title 3 of the Government Code for thesale of surplus personal property. If the public agencydetermines that any such property transferred to it forsale is needed for a public use, such property may beretained by the agency and need not be sold.(b) "Public agency" as used in this section means anystate agency, including the Department of GeneralServices and the Department of Parks and Recreation, any

city, county, city and county, special district, orother political subdivision.

CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3. Amended byStats.1969, c. 857, p. 1690, 2; Stats.1988, c. 1282, 1.) 2080.7. Abandoned propertyThe provisions of this article have no application tothings which have been intentionally abandoned by theirowner.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3.)

2080.8. University regents or police departmentThe Regents of the University of California may provideby resolution or regulation for the care, restitution,sale or destruction of unclaimed property in thepossession of the Regents of the University ofCalifornia or of the University of California PoliceDepartment. Any resolution or regulation adoptedpursuant to this section shall provide therein (1) thatsuch unclaimed property shall be held by the Regents ofthe University of California or the University ofCalifornia Police Department for a period of at leastthree months, (2) that thereafter such property will besold at public auction to the highest bidder, and (3)that notice of such sale shall be given by the Regentsof the University of California or the University ofCalifornia Police Department at least five days beforethe time therefor by publication once in a newspaper ofgeneral circulation published in the county in whichsuch property is held. The Regents of the University ofCalifornia may dispose of any such property upon whichno bid is made at any such sale.CREDIT(S)(Added by Stats.1967, c. 1512, p. 3601, 3. Amended by

Stats.1969, c. 857, p. 1690, 3.) 2080.9. Trustees of state university


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(3) Notify the public agency in writing that he or sheis unable to retrieve the property, because he or she is

in custody, and request the public agency to hold theproperty. If a person notifies the public agency that he

or she is unable to retrieve the property within 60

days, or have an authorized person retrieve theproperty, the public agency shall hold the property fornot longer than 10 additional months.(c) The public agency shall not be liable for damagescaused by any official action performed with due careregarding the disposition of personal property pursuantto this section and the disposal provisions of thisarticle.(d) As used in this section, "public agency" means anystate agency, any city, county, city and county, special

district, or other political subdivision.

CREDIT(S)(Added by Stats.1998, c. 540 (S.B.1707), 1.) 2081. Storage by bailee until freight and charges paidWhen any goods, merchandise, or other property has beenreceived by any railroad or express company, othercommon carrier, commission merchant, innkeeper, orwarehouseman, for transportation or safekeeping, and isnot delivered to the owner, consignee, or otherauthorized person, the carrier, commission merchant,innkeeper, or warehouseman may hold or store theproperty with some responsible person until the freight

and all just and reasonable charges are paid.CREDIT(S)(Added by Stats.1951, c. 656, p. 1867, 2.) 2081.1. Auction; noticeIf within 60 days after its receipt no person calls forthe property and pays the freight and charges upon it,the carrier, commission merchant, innkeeper, orwarehouseman may sell the property, or so much of it aswill pay freight and charges, to the highest bidder atpublic auction, after first causing such notice of saleto be given as is customary in sales of goods by auction

at the place where the goods are held or stored.CREDIT(S)(Added by Stats.1951, c. 656, p. 1866, 2.) 2081.2. Surplus; dispositionIf any surplus remains after paying the freight,storage, expenses of sale, and other reasonable charges,

the sum remaining shall be paid over to the owner of the

property, upon his demand at any time within 60 daysafter the sale.


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CREDIT(S)(Added by Stats.1951, c. 656, p. 1867, 2.) 2081.3. Surplus; failure of owner to demand; paymentto county treasuryIf the owner or his agent fails to demand the surpluswithin 60 days after the sale, it shall be paid into the

county treasury, subject to the order of the owner.CREDIT(S)(Added by Stats.1951, c. 656, p. 1867, 2.) 2081.4. Termination of bailee's responsibility;liability of warehousemenAfter the storage of the property the responsibility ofthe carrier, commission merchant, innkeeper, orwarehouseman ceases. The person with whom the propertyis stored is not liable for loss or damage on its

account unless the loss or damage results from hisnegligence or want of proper care.CREDIT(S)(Added by Stats.1951, c. 656, p. 1868, 2.) 2081.5. Advances; effect upon sale of unclaimedpropertyWhen any commission merchant or warehouseman receivesproduce, merchandise, or other property on consignmentand makes advances upon it, either to the owner or forfreight and charges, if the advances are not paid to him

within 60 days from the date made, he may cause theproduce, merchandise, or property on which the advanceswere made, to be advertised and sold pursuant to thisarticle.CREDIT(S)(Added by Stats.1951, c. 656, p. 1868, 2.) 2081.6. Applicable lawAll proceedings pursuant to this article are governedentirely by its provisions and are not controlled oraffected by Article 2, Chapter 3, Title 7, Part 4,Division 3 of this code. [FN1]CREDIT(S)(Added by Stats.1951, c. 656, p. 1868, 2.)[FN1] Section 2114 et seq. 2082. Amount of fees; paymentThe fees of officers under this chapter are the sameallowed by law for similar services, and shall be paidby the taker up or finder and recovered from the owner.CREDIT(S)

(Added by Stats.1951, c. 656, p. 1868, 2.)


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California Lost Property Statutes