RulesofCivilProcedure.com Civil Procedure · Every State

§ 1378.Immunity of State On Account of Transaction Entered Into By Controller

Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Enacted 1708 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1378 bars any lawsuit against the state or any of its officers based on a transaction the Controller entered into under this chapter, shielding the state from liability arising out of its management and disposal of unclaimed property.

Full Text of § 1378

Text size

No suit shall be maintained by any person against the State or any officer thereof, for or on account of any transaction entered into by the Controller pursuant to this chapter.

Plain-English Summary

Someone unhappy with how the Controller sold, leased, or otherwise disposed of unclaimed property might want to sue over it, and Section 1378 closes that door. No suit may be maintained by any person against the state or any officer of the state, for or on account of any transaction the Controller entered into under this chapter.

This immunity complements the other protections built into this chapter, like the conclusive effect Section 1372 gives the Controller's endorsements and the good-faith-purchaser exception in Section 1381. Together they let buyers and counterparties deal with the state confidently, knowing a completed transaction won't unravel later through litigation, while the claimant's actual remedy remains the claims process this title sets out elsewhere for recovering the property or its proceeds.

Frequently Asked Questions

Can a claimant sue the state because they think the Controller sold their property for too little?

No. Section 1378 bars any suit against the state or a state officer on account of a transaction the Controller entered into under this chapter.

Does this immunity protect individual officers as well as the state itself?

Yes. The bar covers suits against the state or any officer of the state, not just the state as an institution.

If someone can't sue over the transaction, how do they recover what they're owed?

Through the claims process elsewhere in this title, which lets a person establish a claim to the property or its proceeds rather than challenging the Controller's transaction itself.

Amendment History

Added by Stats. 1951, Ch. 1708.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: state immunity unclaimed property transactionsno suit against controller for property sale