Any person aggrieved by a decision of the Controller or as to whose claim the Controller has failed to make a decision within 180 days after the filing of the claim, may commence an action, naming the Controller as a defendant, to establish his or her claim in the superior court in any county or city and county in which the Attorney General has an office. The action shall be brought within 90 days after the decision of the Controller or within 270 days from the filing of the claim if the Controller fails to make a decision. The summons and a copy of the complaint shall be served upon the Controller and the Attorney General and the Controller shall have 60 days within which to respond by answer. The action shall be tried without a jury.
§ 1541.Action to Establish Claim
Title 10. Unclaimed Property · Chapter 7. Unclaimed Property Law · Article 4. Payment of Claims · Last amended 2003 · Last verified July 29, 2026
In one sentenceSection 1541 lets a claimant aggrieved by the Controller's decision, or left without a decision after 180 days, sue the Controller in superior court to establish the claim, within set deadlines running from the decision or the filing, with service on the Controller and the Attorney General and a trial without a jury.
Full Text of § 1541
Plain-English Summary
The Controller's decision on a claim under Section 1540 isn't the last word, and Section 1541 gives an unhappy or unheard claimant a route into court. Anyone aggrieved by the Controller's decision, or whose claim has gone 180 days without any decision at all, can sue the Controller in the superior court of any county where the Attorney General has an office, seeking to establish the claim directly.
The section sets firm deadlines for that lawsuit. It has to be filed within 90 days after the Controller's decision, or, if the Controller never decided, within 270 days after the claim was originally filed. The claimant then has to serve the summons and complaint on both the Controller and the Attorney General, giving the Controller 60 days to answer, and the case proceeds to trial without a jury.
Frequently Asked Questions
When can a claimant sue the Controller over a denied or unresolved claim?
When the claimant is aggrieved by the Controller's decision, or when 180 days have passed since filing the claim without any decision at all.
How long does the claimant have to file suit?
90 days after the Controller's decision, or 270 days after filing the claim if the Controller never decided it.
Who has to be served with the lawsuit?
Both the Controller and the Attorney General, with the Controller given 60 days to answer.
Is this kind of case decided by a jury?
No. Section 1541 states the action shall be tried without a jury.
Amendment History
Amended by Stats. 2003, Ch. 228, Sec. 9. Effective August 11, 2003.
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: suing the controller over unclaimed property claimsuperior court action unclaimed property denial