Legal Question in Intellectual Property in California

Re: proberty

It depends to some extent upon whether the property was left by accident (unintentionally) or whether the property originally got there by invitation or permission of the resident. For example, if your wallet falls out of your pocket while you're watching the big game with your neighbor, that's an accidental leaving or "involuntary deposit" as the law puts it. On the other hand, if a contractor leaves his tools overnight and then fails to show up to finish the job, that's a voluntary deposit.

If the deposit is involuntary, the person with possession owes a duty of reasonable care to the owner and a duty to try to secure the return of the property.

If the deposit is voluntary, however, and the person keeping the property is not being paid or expecting a profit from keeping the property, he owes only a slight duty of care to the owner, and may avoid that slight responsibility by giving the owner reasonable notice to come and pick up the property.

The law never gives the person holding the property a clear-cut claim to take over its ownership. I suppose abandoned property escheats to the state, so therefore the legislature has to stop short of enacting a law saying that if the owner doesn't pick it up in 60 days, it's the keeper's property and he may sell it and keep the money. However, in a lot of cases that's exactly what happens.

Re: proberty

No, it remains your property and they are responsible for its safekeeping, within reason.