Judge: Douglas W. Stern, Case: 22STCP02342, Date: 2022-08-09 Tentative Ruling

Case Number: 22STCP02342    Hearing Date: August 9, 2022    Dept: 52

Tentative Ruling:

            Petitioner Charles Kellum’s Petition to Establish Claim to Escheated Property

Petitioner Charles Kellum, administrator of the estate of Jeffrey Nolan Hendrix, deceased, petitions under Code of Civil Procedure section 1355 to establish a claim to the sum of $134,992.97 in the custody of the Controller of the State of California, Betty T. Yee.

Code of Civil Procedure section 1355 provides that upon such a petition, “[t]he court must thereupon try the issue as issues are tried in civil actions; and if it is determined that such person is entitled to the money or other property or the proceeds thereof, it must order the property, if it has not been sold, to be delivered to him.”

Petitioner Charles Kellum meets his burden of showing he is entitled to the $134,992.97 he claims.  There are no disputed facts in this matter.  Petitioner Charles Kellum gave timely notice of this hearing to the Controller and Attorney General of the State of California.  (Code Civ. Proc., § 1355.)  The Office of the Controller responded that the Controller does not object to the petition.  (Letter dated July 15, 2022.)

In 2016, the estate of Barbara Jean Hendrix was distributed to her heirs, including $134,992.97 to Jeffrey Nolan Hendrix.  (Petition, Ex. C, ¶ 11.b.)  Jeffrey Nolan Hendrix did not claim the money, and the Controller of the State of California currently has it.  (Petition, Ex. D.) 

In 2021, the Superior Court in the County of Sacramento entered a judgment establishing the fact of Jeffrey Nolan Hendrix’s death.  (Petition, Ex. F.)  On March 8, 2022, petitioner Charles Kellum was appointed administrator of Jeffrey Nolan Hendrix’s estate.  (Petition, Ex. A.)  Petitioner Charles Kellum is therefore entitled to recover the $134,992.97 in the custody of the Controller of the State of California.

The petition is granted. 

The Controller of the State of California, Betty T. Yee, is hereby ordered to deliver the sum of $134,992.97 to petitioner Charles Kellum, administrator of the estate of Jeffrey Nolan Hendrix, deceased, within 30 days.