A new law in California aims to support Holocaust survivors and their descendants in recovering art and property taken under Nazi oppression. Signed by Governor Gavin Newsom in September, the legislation guides California courts in cases involving property stolen through political persecution, pushing against foreign laws that may otherwise protect those who currently possess such assets.

Inspired by a Long Legal Battle

The legislation was drafted in response to a prominent legal battle involving the Cassirer family’s claim to an 1897 impressionistic painting by Camille Pissarro, “Rue Saint-Honoré in the Afternoon, Effect of Rain.” The painting had belonged to Lilly Cassirer Neubauer before 1939 when it was taken under duress by a Nazi art appraiser when Lilly attempted to escape Germany. The painting reappeared in the year 2000 when it was put on display at the Thyssen-Bornemisza Museum in Madrid, Spain, which is now known to have acquired the painting in 1993.

Ownership of the painting has been contested since its reappearance. The Spanish museum concedes that the painting was obtained under duress, but claims rightful ownership under Spanish law. This foreign law has been the primary complication in the Cassirer family’s attempts to reassert ownership of the painting.

The family’s lawsuit has been tied up in the U.S. court system since 2005. In 2022, the U.S. Supreme Court ruled that California state law should take precedence over Spanish law in this case. Despite this, the Ninth Circuit Court of Appeals decided differently in 2024, citing a clause that allows foreign law to take precedence under certain conditions. With California’s restitution-focused statutes set aside, Spanish law was applied, and the court ruled in favor of the museum’s continued possession of the painting.

Closing a Gap in the Law

California Assemblymember Jesse Gabriel, co-chair of the Legislative Jewish Caucus, responded to the 2024 ruling by introducing new legislation that clarifies that California courts should apply state law even if foreign laws seem relevant in the case of politically motivated theft. The law, AB 2867, took effect immediately upon Newsom’s signature.

“Governor Newsom’s signature on this bill is a victory for morality and justice,” says Assemblymember Gabriel, “And will ensure that California continues to stand on the right side of history. AB 2867 will empower Holocaust survivors and other victims of persecution to reclaim stolen property and send a clear message to those who refuse to return stolen art.”

“For survivors of the Holocaust and their families,” says Governor Newsom, “The fight to take back ownership of art and other personal items stolen by the Nazis continues to traumatize those who have already gone through the unimaginable. It is both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”

“I applaud Governor Newsom,” says Gabriel, “For his long-standing leadership in standing up for Holocaust survivors and thank him for his partnership on this important new law.”

Back to the Courtroom

The Cassirer family has not given up their campaign to recover the painting from the museum. They have requested a rehearing of their case before an 11-judge en banc panel in the Ninth Circuit, and are prepared to take the case back to the Supreme Court if the lower court’s decision is upheld. Advocates, including Cassirer family attorney Sam Dubbin, have praised the new law for its work to remove legal and bureaucratic hurdles that they say interfere with justice and obstruct restitution.

“The people of California have now made it clear that they are on the side of the rightful owners of stolen art and will not reward theft and trafficking,” says Dubbin. “For families in California, AB 2867 will go a long way to eliminate the incentive from governments, museums, and collectors to distort and deny the true horrors of the Holocaust in order to hold onto Nazi loot. This new law is essential for truth, history, and justice.”