The ripples caused by the
Pissarro Case
have reached California. The State Legislative Branch is analyzing a bill that aims to facilitate the recovery of works of art that were looted by political persecution. The proposal was prepared by Democratic assemblyman Jesse Gabriel, who wrote the text of the rule with special dedication to the Cassirers, the family that has been suing Spain for two decades to recover
Rue Saint-Honoré in the afternoon. Rain Effect
, 1897, by Camille Pissarro. This impressionist masterpiece has hung since 1993 in the Thyssen in Madrid. In January, a Court of Appeals ruled in favor of the museum to keep the painting.
The law, called Assembly Bill 2867, allows any resident of the state to file a lawsuit for damages or to recover a work of art or property lost 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 rule includes the provisions of a federal law approved in 2016 that favors the recovery of art looted during the Holocaust for the families or heirs of Jews in the United States.
These lawsuits, through civil means, could be filed against “museums, galleries, auction houses or art dealers” to recover works that were looted or stolen through fraud or threats. 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 proposed text ensures that it will be insufficient for the valid party to prove that it legally acquired the disputed work of art. The losing party must also pay the representation and legal costs of whoever wins the case.
The initiative has already begun its legislative process. 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 Spanish institution was satisfied with the court's decision. Not so the complaining family, the Cassirers, who in 1939 undersold the work to obtain money to pay for a visa and leave Nazi Germany at the beginning of World War II. Claude Cassirer, a resident of California, grandson and sole heir of Lilly Cassirer Neubauer, the original owner of the work, found out in 2000 where the painting was and took legal action to recover it.
The Thyssen, furthermore, considers that the Cassirers were already compensated in 1958 when Lilly, the first owner of the painting, reached an agreement of 120,000 German marks with the German Government and two art dealers. This payment supposedly put an end to the controversy.
David Cassirer, Claude's son (who died in 2010), has applauded the legislative effort and endorsed the law, which is still awaiting a date for it to be voted on by the full state Assembly, controlled by the Democratic party. “[My father] would be terribly disappointed by the recent US court ruling allowing Spain, through its national museum, to keep the
pissarro
stolen by the Nazis from her beloved grandmother. But he would be very happy and grateful that the California Legislature is taking the necessary actions to make the laws of the State ensure the return of looted art to its rightful owners,” David noted at the end of March, when the rule was presented. . His family will appeal to the decision of the Court of Appeals, leaving the Supreme Court as the last legal resort in this decades-long battle.
Assemblyman Gabriel's office did not respond to requests for comment made by EL PAÍS. 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. 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 proposal continues its course within the legislative body. It has already been analyzed by the Judicial Commission, which studies the reforms to the Civil Code. It was there where the norm underwent major modifications. 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.
The law was going to be presented to the plenary session this Thursday, April 18. However, this was not put to the vote this morning. It needs 41 votes in favor to be subsequently sent to the State Senate and then to the office of Governor Gavin Newsom, who must promulgate it with his signature.
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