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Civil Code - CIV - CIV § 3069

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3069

Any lien provided for in this chapter for labor or materials, or for storage or safekeeping of a vehicle when abandoned on private property may be assigned by written instrument accompanied by delivery of possession of the vehicle, subject to the lien, and the assignee may exerci

Civil Code - CIV - CIV § 3070

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3070

(a) Whenever the possessory lien upon any vehicle is lost through trick, fraud, or device, the repossession of the vehicle by the lienholder revives the possessory lien but any lien so revived is subordinate to any right, title, or interest of any person under any sale, transfer,

Civil Code - CIV - CIV § 3071

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3071

(a) A lienholder shall apply to the department for the issuance of an authorization to conduct a lien sale pursuant to this section for any vehicle with a value determined to be over four thousand dollars ($4,000). A filing fee shall be charged by the department and may be recove

Civil Code - CIV - CIV § 3071.5

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3071.5

(a) A registered or legal owner of a vehicle in the possession of a person holding a lien under this chapter may release any interest in the vehicle after the lien has arisen. The release shall be dated when signed and a copy shall be given at the time the release is signed to th

Civil Code - CIV - CIV § 3072

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3072

(a) For vehicles with a value determined to be four thousand dollars ($4,000) or less, the lienholder shall apply to the department for the names and addresses of the registered and legal owners of record. The request shall include a description of the vehicle, including make, ye

Civil Code - CIV - CIV § 3073

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3073

The proceeds of a vehicle lien sale under this article shall be disposed of as follows: (a) The amount necessary to discharge the lien and the cost of processing the vehicle shall be paid to the lienholder. The cost of processing shall not exceed seventy dollars ($70) for each ve

Civil Code - CIV - CIV § 3074

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3074

The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70) in the case of a vehicle having a value determined to be four thousand dollars ($4,000) or less and not to exceed one hundred dollars ($100) in the case of a vehicle having a value dete

Civil Code - CIV - CIV § 3080

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080

As used in this chapter, the following definitions shall apply: (a) “Livestock” means any cattle, sheep, swine, goat, or horse, mule, or other equine. (b) “Livestock servicer” means any individual, corporation, partnership, joint venture, cooperative, association or any other org

Civil Code - CIV - CIV § 3080.01

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.01

A livestock servicer shall have a general lien upon the livestock in its possession to secure the performance of all obligations of the owner of the livestock to the livestock servicer for both of the following: (a) The provision of livestock services to the livestock in possessi

Civil Code - CIV - CIV § 3080.02

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.02

In addition to any other rights and remedies provided by law, a lienholder may: (a) Retain possession of the livestock and charge the owner for the reasonable value of providing livestock services to the livestock until the owner’s obligations secured by the lien have been satisf

Civil Code - CIV - CIV § 3080.03

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.03

Upon the filing of the complaint, or at any time thereafter prior to judgment, the lienholder may apply to the court in which the action was commenced for an order authorizing sale of livestock. (a) The application shall include all of the following: (1) A statement showing that

Civil Code - CIV - CIV § 3080.04

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.04

The notice of application and hearing shall inform the defendant of all of the following: (a) The date, time and place of the hearing on the application; (b) That the order will issue if the court finds, after hearing, that the lienholder has established the probable validity of

Civil Code - CIV - CIV § 3080.05

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.05

(a) If a defendant desires to oppose the issuance of an order authorizing sale the defendant shall file and serve upon the lienholder a notice of opposition no later than three days prior to the date set for hearing. The notice shall: (1) State the grounds upon which the defendan

Civil Code - CIV - CIV § 3080.06

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.06

(a) At the hearing, the court shall consider the showing made by the parties and shall issue an order authorizing the sale of the livestock if it finds all of the following: (1) The claim upon which the lienholder’s action is based is a claim giving rise to a lien upon which an o

Civil Code - CIV - CIV § 3080.07

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.07

(a) After hearing, the court may issue an order denying the lienholder’s application if it finds that: (1) A sale is not necessary prior to judgment; and (2) The defendant has filed an undertaking pursuant to Section 3080.11. (b) If the defendant has filed an undertaking pursuant

Civil Code - CIV - CIV § 3080.08

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.08

(a) The court’s findings at the hearing shall be made upon the basis of the pleadings and other papers in the record. Upon cause shown, the court may receive and consider additional oral or documentary evidence or points and authorities at the hearing, or it may continue the hear

Civil Code - CIV - CIV § 3080.09

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.09

(a) At any time after the lienholder has filed a complaint and claimed a lien under this chapter, or at any time after the owner of the livestock has commenced an action to recover possession of the livestock, the owner of the livestock may apply to the court in which the action

Civil Code - CIV - CIV § 3080.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.10

After hearing, the court may enter an order directing the lienholder to release all or a portion of the livestock to the owner, or to the owner’s agent. The order shall be conditioned upon the filing by the owner of an undertaking as set forth in Section 3080.11, and shall includ

Civil Code - CIV - CIV § 3080.11

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.11

The undertaking to be substituted for livestock shall be by the owner to pay to the lienholder an amount equal to the sum of (1) the fair market value of the livestock sought to be recovered, and (2) the costs to be incurred by the lienholder in order to assemble and turn over th

Civil Code - CIV - CIV § 3080.15

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.15

(a) Except as otherwise provided by statute, or upon noticed hearing as provided in this chapter, no order authorizing sale or order for substitution of undertaking for livestock may issue unless it appears from facts shown by affidavit that great or irreparable injury would resu

Civil Code - CIV - CIV § 3080.16

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.16

(a) Except as otherwise specified by the order authorizing sale or as agreed to by the parties after the lien has arisen, a sale of livestock under this chapter may be held in bulk or in parcels, at wholesale or retail, and at any time and place and on any terms, provided the lie

Civil Code - CIV - CIV § 3080.17

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.17

Except as otherwise agreed or specified by order of court, notice of sale shall be given as follows: (a) A notice in writing of the date, time and place of sale shall be delivered personally or be deposited in the United States mail, postage prepaid, addressed to the owner of the

Civil Code - CIV - CIV § 3080.18

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.18

(a) Any sale of which notice is delivered or mailed and published as provided in this chapter and which is held as provided in this chapter is a public sale. (b) Any public sale may be postponed from time to time by public announcement at the time and place last scheduled for sal

Civil Code - CIV - CIV § 3080.19

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.19

(a) A sale of livestock held pursuant to this chapter shall: (1) Transfer to a purchaser for value all of the owner’s rights in the livestock; and (2) Discharge the lien under which the sale is made and any lien or security interest subordinate thereto. (b) The purchaser shall ta

Civil Code - CIV - CIV § 3080.20

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 3080.20

(a) The owner of livestock or any other person claiming an interest in livestock may release its interest in the livestock at any time after the lien has arisen. The release shall be in writing and dated when signed. A copy of the release shall be given to the person releasing th