California Attorney General Rob Bonta has filed a motion to intervene in the ongoing case Cassirer v. Thyssen-Bornemisza Collection Foundation, aiming to defend Assembly Bill (AB) 2867. The law expands rights for victims of art theft, specifically targeting restitution for Holocaust survivors and their families.
The Cassirer case centers on an 1897 painting by Camille Pissarro that was stolen from Lilly Cassirer Neubauer by the Nazis in 1939. The painting changed hands multiple times before being acquired by the Thyssen-Bornemisza Collection, which is part of the Kingdom of Spain, in 1993. Despite acknowledging that it possesses art looted by the Nazis, the museum continues to hold onto the painting.
Attorney General Bonta stated: “There is nothing that can undo the horrors and loss experienced by individuals during the Holocaust. But there is something we can do — that California has done — to return what was stolen back to survivors and their families and bring them some measure of justice and healing. AB 2867 is about fairness, moral — and legal — responsibility, and doing what’s right. As Attorney General, my job is to defend the laws of California, and I intend to do so here. My office has supported the Cassirers’ quest for justice for two decades, and we will continue to fight with them for the rightful return of this invaluable family heirloom.”
Assemblymember Jesse Gabriel (D—Encino), who introduced AB 2867, commented: “I applaud Attorney General Bonta for stepping up to defend this important bipartisan law. AB 2867 is part of a decades long quest for justice and is rooted in the belief that California must stand on the right side of history. I am proud that our state will continue to fight for justice and morality.”
After fleeing Nazi Germany in 1939 under duress, Lilly Cassirer Neubauer was forced to give up her family’s artwork as a condition for obtaining exit visas. Although later compensated financially by Germany, her family did not relinquish their claim on recovering their property.
The disputed painting resurfaced publicly at Spain’s Thyssen-Bornemisza Museum around 2000 when a Cassirer descendant living in San Diego discovered its location and requested its return from Spain; this request was denied. Legal proceedings began in California in 2005 under state laws allowing victims up to six years after discovering stolen art held by museums to file claims.
The case moved through various courts over two decades before reaching the U.S. Supreme Court in 2022; it was then sent back down for further review regarding applicable law standards.
Following legislative developments prompted by these legal battles—including Governor Newsom signing AB 2867 into law—the U.S. Supreme Court vacated an earlier Ninth Circuit decision applying Spanish law instead of California’s standards. The case now returns to federal district court consideration with AB 2867 potentially shaping future outcomes regarding ownership disputes involving Nazi-looted art.
