The California Assembly is studying a rule that would allow a lawsuit to be initiated for damages for works that were stolen or taken away as part of political persecution. If approved, the reform to the Civil Code would allow six years from the discovery of the theft or the whereabouts of the work to begin the judicial process.
The proposal covers all types of art. From paintings, photographs, or drawings; passing through engravings, lithographs, sculptures, or statues; even books, musical instruments, and even sound or film files. The losing party must also pay the representation and legal costs of whoever wins the case. This began weeks after the Court of Appeals for the Central District of California concluded that the Thyssen Museum was the legitimate owner of the Pissarro painting, valued at about 28 million euros. The law was going to be presented to the plenary session this Thursday, April 18. It needs 41 votes in favor to be subsequently sent to the State Senate and then to the office of Governor Gavin Newsom. Gabriel, the San Fernando Valley representative in the Assembly since 2022, is a constitutional lawyer with extensive experience as a litigator. He has defended young immigrants known as Dreamers in court. He is also co-chair of the California Congressional Jewish Caucus, where he has promoted legislation to more severely punish anti-Semitism. The legislator affirms that his initiative has the support of politicians such as the state attorney, Rob Bonta, and the former senator from California and now vice president of the United States, Kamala Harris. The original text of AB 2867, introduced on February 15, proposed technical changes to the takings section, which allows state entities to obtain possession of claimed property. Last March, however, the text of the entire rule was changed to its current state.