Lost Money and Goods

Article 1 of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code deals with lost money and goods.

Section 2080 states that 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 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, is required, within a reasonable time, to inform the owner, if known, and make restitution without compensation, except a reasonable charge for saving and taking care of the property.

Section 2080.1 explains that, if the owner is unknown or has not claimed the property, the person saving or finding the property must, if the property is of the value of $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 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 is required to state at least three things.

The police department or the sheriff’s department is required to 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.

Section 2080.2 states that, if the owner appears within 90 days, after receipt of the property by the police department or sheriff’s department, proves his ownership of the property, and pays all reasonable charges, the police department or sheriff’s department is required to restore the property to him.

Section 2080.3 states that, if the reported value of the property is $250 or more and no owner appears and proves his or her ownership of the property within 90 days, the police department or sheriff’s department must make notice of the property to be published at least once in a newspaper of general circulation.

If, after seven days following the first publication of the notice, no owner appears and proves his or her ownership of the property and the person who found or saved the property pays the cost of the publication, the title vests in the person who found or saved the property unless the property was found in the course of employment by an employee of any public agency, in which case the property is sold at public auction.

Section 2080.4 provides that the legislative body of any city, city and county, or county may provide by ordinance for the care, restitution, sale or destruction of unclaimed property in the possession of the police department of such city or city and county or of the sheriff of such county. The local jurisdiction must provide specified information and take specified actions.

Section 2080.5 provides that the police department or sheriff’s department may sell property by public auction, in the manner and upon the 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, be found, or, being found, refuses upon demand to pay the lawful charges in the two designated cases.

Section 2080.6 allows any public agency to elect to be governed by the provisions of this article with respect to disposition of personal property found or saved on property subject to its jurisdiction, or may adopt reasonable regulations for the care, restitution, sale or destruction of unclaimed property in its possession. The term “public agency” is defined.

Section 2080.7 specifies that the provisions of this article have no application to things which have been intentionally abandoned by their owner.

Section 2080.8 explains that the Regents of the University of California and the Trustees of the California State University may provide by resolution or regulation for the care, restitution, sale, or destruction of unclaimed, lost, or abandoned property in the possession of the Regents of the University of California, the University of California Police Department, or any state university.

Section 2080.10 specifies that, when a public agency obtains possession of personal property from a person for temporary safekeeping, the public agency is required to take three specified steps. The receipt and instructions must 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. 

The public agency is not 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. The term “public agency” is defined.