CA AB2867

Amends California Code of Civil Procedure Section 338 to mandate that California substantive law applies to actions by California residents or their heirs to recover artwork or personal property covered by the Holocaust Expropriated Art Recovery Act of 2016, rejecting application of foreign laws like Spain's acquisitive prescription doctrine.

Adds new Section 338.2 allowing California residents or heirs of California residents to sue for recovery of artwork or personal property taken due to political persecution within 6 years of discovery of the item's identity, whereabouts, and facts showing a possessory interest.

Prohibits good faith purchaser, acquisitive prescription, adverse possession, and laches defenses in cases brought under Section 338.2 for property taken due to political persecution.

Permits previously dismissed cases based on prohibited defenses or procedural grounds to be refiled within 2 years of this law's effective date or entry of final judgment, whichever is later; allows claimants who discovered relevant facts before enactment to sue within 2 years of enactment or 6 years of discovery, whichever is later.

Entitles prevailing plaintiffs to recover reasonable attorney's fees and costs; takes effect immediately as an urgency statute.