Section 21206.8 Of Chapter 2. Pawnbroker Regulations From California Financial Code >> Division 8. >> Chapter 2.
21206.8
. (a) Notwithstanding the provisions of Chapter 12
(commencing with Section 1407) of Title 10 of Part 2 of the Penal
Code, whenever property alleged to have been lost, stolen, or
embezzled is taken from a pawnbroker, the peace officer, magistrate,
court, clerk, or other person having custody of the property shall
not deliver the property to any person claiming ownership unless the
provisions of this section are complied with.
(b) (1) If any person makes a claim of ownership, the person shall
file a written statement, signed under penalty of perjury, stating
the factual basis upon which they claim ownership or an interest in
the property with the person having custody of the property, and the
person having custody of the property shall notify the pawnbroker of
the claim by providing a true and correct copy of the claim to the
pawnbroker.
(2) If the pawnbroker makes no claim with respect to the property
within 10 days of such notification, the property may be disposed of
as otherwise provided by law.
(3) In adjudicating the competing claims of a pawnbroker and a
person claiming ownership or an interest in the property seized from
a pawnbroker, the adjudicating court shall give due consideration to
the effect Section 2403 of the Commercial Code may have on the
claims.
(4) At least 30 calendar days before any hearing adjudicating any
competing claims of a pawnbroker and a person claiming ownership or
an interest in the property, the person having custody of the
property shall deliver to the pawnbroker a true and correct copy of
the police report, redacted as may be required by law and consistent
with due process of law, substantiating the basis of the seizure of
the property from the pawnbroker.
(c) If property alleged to have been stolen or embezzled is taken
from a pawnbroker, prior to any disposal of the property pursuant to
Section 1411 of the Penal Code, the notice to be given to the owner
and owner of a security interest pursuant to Section 1411 shall be
given to the pawnbroker. Such property shall not be disposed of
pursuant to Section 1411 until three months after such notice has
been given.
(d) A pawnbroker shall not be liable to any person for any
property seized from the pawnbroker on account of the pawnbroker's
inability to return the property to that person because of the
seizure.