Article 1 - Lost Money and Goods

California Civil Code — §§ 2080-2080.10

Sections (3)

§ 2080

Amended by Stats. 1998, Ch. 752, Sec. 9. Effective January 1, 1999.

Any person who finds a thing lost is not bound to take charge of it, unless the person is otherwise required to do so by contract or law, but when the person does take charge of it he or she is thenceforward a depositary for the owner, with the rights and obligations of a depositary 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, or saves any domestic animal from harm, neglect, drowning, or starvation, shall, within a reasonable time, inform the owner, if

known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property. Any person who takes possession of a live domestic animal shall provide for humane treatment of the animal.

§ 2080.1

Amended by Stats. 1992, Ch. 138, Sec. 1. Effective January 1, 1993.

(a)If the owner is unknown or has not claimed the property, the person saving or finding the property shall, if the property is of the value of one hundred dollars ($100) or more, within a reasonable time turn the property over to the police department of the city or city and county, if found therein, or to the sheriff’s department of the county if found outside of city limits, and shall make an affidavit, stating when and 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 the affiant.

(3)That the affiant has not secreted, withheld, or disposed of any part of the property.

(b)The police department or the sheriff’s department shall notify the owner, if his or her identity is reasonably ascertainable, that it possesses the property and where it may be claimed. The police department or sheriff’s department may require payment by the owner of a reasonable charge to defray costs of storage and care of the property.

§ 2080.10

Added by Stats. 1998, Ch. 540, Sec. 1. Effective January 1, 1999.

(a)When a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency shall do all of the following:

(1)Take responsibility for the storage, documentation, and disposition of the property.

(2)Provide the person from whom the property was taken with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be

given to the person from whom the property was taken at the time the public agency obtains the property or immediately mailed, by first-class mail, to the person from whom the property was taken.

(3)If the public agency has knowledge that the person from whom the property was taken is not the owner, the agency shall make reasonable efforts to identify the owner. If the owner is identified, the public agency shall mail, by first-class mail, a receipt and instructions for the retrieval of the property.

(b)The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within 60 days after the public agency obtains possession or the property will be disposed of in accordance with the disposal provisions of this article. Within 60 days, the person may do one of the following:

(1)Retrieve the property.

(2)Authorize in writing another person to retrieve the property.

(3)Notify the public agency in writing that he or she is unable to retrieve the property, because he or she is in custody, and request the public agency to hold the property. 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 the property, the public agency shall hold the property for not longer than 10 additional months.

(c)The public agency shall not be liable for damages caused by any official action performed with due care regarding the disposition of personal property pursuant to this section and the disposal provisions of this article.

(d)As used in

this section, “public agency” means any state agency, any city, county, city and county, special district, or other political subdivision.