§ 354.3 Recovery of Holocaust-era artwork from enumerated entities

Codes > California Code of Civil Procedure > Part 2 > Title 2 : Chapter 4 > 354.3

§ 354.3. Recovery of Holocaust-era artwork from enumerated entities

    (a) The following definitions govern the construction of this section:

        (1) “Entity” means any museum or gallery that displays, exhibits, or sells any article of historical, interpretive, scientific, or artistic significance.

        (2) “Holocaust-era artwork” means any article of artistic significance taken as a result of Nazi persecution during the period of 1929 to 1945, inclusive.

    (b) Notwithstanding any other provision of law, any owner, or heir or beneficiary of an owner, of Holocaust-era artwork, may bring an action to recover Holocaust-era artwork from any entity described in paragraph (1) of subdivision (a). Subject to Section 410.10, that action may be brought in a superior court of this state, which court shall have jurisdiction over that action until its completion or resolution. Section 361 does not apply to this section.

    (c) Any action brought under this section shall not be dismissed for failure to comply with the applicable statute of limitation, if the action is commenced on or before December 31, 2010.

    VALIDITY

    This section was held preempted by the foreign affairs doctrine in the decision of Von Saher v. Norton Simon Museum of Art at Pasadena, C.A.9 (Cal.)2010, 592 F.3d 954, petition for certiorari filed 2010 WL 1528607.