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§ 1379.Power of Controller to Destroy Personal Property Other Than Cash Deposited In Treasury

Title 10. Unclaimed Property · Chapter 4. Management of Unclaimed Property · Article 3. Sale or Disposal of Property · Last amended 2016 · Last verified July 29, 2026

In one sentenceSection 1379 lets the Controller destroy or otherwise dispose of noncash personal property deposited with the state that is worthless or would cost more to sell than the sale would bring in, without exposing the Treasurer or Controller to damages for doing so.

Full Text of § 1379

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The Controller may destroy or otherwise dispose of any personal property other than cash deposited in the State Treasury under this title, if that property is determined by him or her to be valueless or of such little value that the costs of conducting a sale would probably exceed the amount that would be realized from the sale, and neither the Treasurer nor Controller shall be held to respond in damages at the suit of any person claiming loss by reason of that destruction or disposition.

Plain-English Summary

Not everything the state ends up holding is worth the trouble of a sale. Section 1379 addresses personal property, other than cash, deposited in the State Treasury under this title that the Controller determines is valueless, or worth so little that the cost of conducting a sale would probably exceed what the sale would bring in. In that situation, the Controller may destroy or otherwise dispose of the property rather than going through a sale process that would lose money for everyone involved.

The section pairs that authority with protection from liability. Neither the Treasurer nor the Controller has to answer in damages if someone later claims a loss because their property was destroyed or disposed of under this section. That protection matters because the whole point of the section is to let the state cut its losses on property not worth selling, and an official facing personal liability every time would have little incentive to use the authority the section grants.

Frequently Asked Questions

Can the Controller just throw away property that isn't worth selling?

Yes, under Section 1379, if the property is determined to be valueless or so little value that selling it would cost more than it would bring in, and it's noncash personal property deposited in the Treasury under this title.

Does this power apply to cash?

No. The section specifically excludes cash, applying only to other personal property deposited in the State Treasury.

Can a claimant later sue over property that was destroyed under this section?

No. The section states that neither the Treasurer nor the Controller shall be held to respond in damages at the suit of any person claiming loss because of the destruction or disposition.

Who decides whether property is valueless enough to destroy instead of sell?

The Controller makes that determination, based on the property's apparent value against the likely cost of a sale.

Amendment History

Amended by Stats 2016 ch 31 (SB 836),s 16, eff. 6/27/2016. Amended by Stats 2006 ch 538 (SB 1852),s 73, eff. 1/1/2007.

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
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