General ProvisionsDefinitions

Section § 1300

Explanation

This section defines terms related to unclaimed property laws in California. 'Property' covers all types of property, like land or personal items. 'Unclaimed property' is any property the state gets because its owner is unknown, hasn't claimed it in time, or it legally belongs to the state. 'Escheat' is when the state takes ownership of such property, but you can still claim it. 'Permanent escheat' means the state takes the property forever once the rightful owner can't be found or hasn't claimed it. The 'Controller' and 'Treasurer' are state officials involved. 'Domicile' for a corporation is where it's incorporated.

For the purposes of this title, the following definitions shall apply:
(a)CA Civil Procedure Code § 1300(a) “Property,” unless specifically qualified, includes all classes of property, real, personal and mixed.
(b)CA Civil Procedure Code § 1300(b) “Unclaimed property,” unless specifically qualified, means all property (1) which is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (2) which, under any provision of law, will become unclaimed, abandoned, escheated, permanently escheated, or distributed to the state, or (3) to the possession of which the state is or will become entitled, if not claimed by the person or persons entitled thereto within the time allowed by law, whether or not there has been a judicial determination that such property is unclaimed, abandoned, escheated, permanently escheated, or distributed to the state.
(c)CA Civil Procedure Code § 1300(c) “Escheat,” unless specifically qualified, means the vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, whether by judicial determination or by operation of law, subject to the right of claimants to appear and claim the escheated property or any portion thereof. When used in reference to the law of another state, “escheat” includes the transfer to the state of the right to the custody of such property.
(d)CA Civil Procedure Code § 1300(d) “Permanent escheat” means the absolute vesting in the state of title to property the whereabouts of whose owner is unknown or whose owner is unknown or which a known owner has refused to accept, pursuant to judicial determination, pursuant to a proceeding of escheat as provided by Chapter 5 (commencing with Section 1410) of this title, or pursuant to operation of law, and the barring of all claims to the property by the former owner thereof or his successors.
(e)CA Civil Procedure Code § 1300(e) “Controller” means the State Controller.
(f)CA Civil Procedure Code § 1300(f) “Treasurer” means the State Treasurer.
(g)CA Civil Procedure Code § 1300(g) “Domicile,” in the case of a corporation, refers to the place where the corporation is incorporated.
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Section § 1301

Explanation

This law clarifies how to interpret cross-references within this legal section. If it mentions a section, it's part of this code. When it refers to an article, it's specifically in the current chapter being discussed. Similarly, a chapter reference is to a chapter within this title.

For the purposes of this title, unless otherwise specified, (1) a reference to a section refers to a section of this code; (2) a reference to an article refers to an article of the chapter of this title in which such reference is made; and (3) a reference to a chapter refers to a chapter of this title.
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