§ 3051. Possessory liens for services, repairs, etc.; exceptions
§ 3052. Sale by lien holder at auction; notice of sale; redemption; application of proceeds
Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor or skill, employed for the protection, improvement, safekeeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation, if any, which is due to him from the owner for such service; a person who makes, alters, or repairs any article of personal property, at the request of the owner, or legal possessor of the property, has a lien on the same for his reasonable charges for the balance due for such work done and materials furnished, and may retain possession of the same until the charges are paid; and foundry proprietors and persons conducting a foundry business, have a lien, dependent on possession, upon all patterns in their hands belonging to a customer, for the balance due them from such customers for foundry work; and plastic fabricators and persons conducting a plastic fabricating business, have a lien, dependent on possession, upon all patterns and molds in their hands belonging to a customer, for the balance due them from such customer for plastic fabrication work; and laundry proprietors and persons conducting a laundry business, and drycleaning establishment proprietors and persons conducting a drycleaning establishment, have a general lien, dependent on possession, upon all personal property in their hands belonging to a customer, for the balance due them from such customer for laundry work, and for the balance due them from such customers for drycleaning work, but nothing in this section shall be construed to confer a lien in favor of a wholesale drycleaner on materials received from a drycleaning establishment proprietor or a person conducting a drycleaning establishment; and veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals.
This section shall have no application to any vessel, as defined in Section 21 of the Harbors and Navigation Code, to any vehicle, as defined in Section 670 of the Vehicle Code, which is subject to registration pursuant to that code, to any manufactured home, as defined in Section 18007 of the Health and Safety Code, to any mobilehome, as defined in Section 18008 of the Health and Safety Code, or to any commercial coach, as defined in Section 18001.8 of the Health and Safety Code, whether or not the manufactured home, mobilehome, or commercial coach is subject to registration under the Health and Safety Code.
(Enacted in 1872. Amended by Code Am. 1877-78, c. 451, p. 89; Stats.1901, c. 108, p. 270, § 1; Stats.1907, c. 66, p. 85, § 1; Stats.1911, c. 435, p. 887, § 1; Stats.1929, c. 868, p. 1923, § 1; Stats.1935, c. 381, p. 1332, § 1; Stats.1945, c. 861, p. 1619, § 1; Stats.1949, c. 1436, p. 2499, § 4; Stats.1970, c. 1341, p. 2491, § 1; Stats.1976, c. 839, p. 1908, § 1; Stats.1978, c. 1005, p. 3083, § 1; Stats.1979, c. 600, p. 1863, § 1; Stats.1981, c. 202, p. 1125, § 1; Stats.1983, c. 1124, § 6, operative Jan. 1, 1984.)
If the person entitled to the lien provided in Section 3051 is not paid the amount due, and for which such lien is given, within 10 days after the same shall have become due, then such lienholder may proceed to sell such property, or so much thereof as may be necessary to satisfy such lien and costs of sale at public auction, and by giving at least 10 days' but not more than 20 days' previous notice of such sale by advertising in some newspaper published in the county in which such property is situated; or if there be no newspaper printed in such county, then by posting notice of sale in three of the most public places in the town and at the place where such property is to be sold, for 10 days previous to the date of the sale; provided, however, that within 20 days after such sale, the legal owner may redeem any such property so sold to satisfy such lien upon the payment of the amount thereof, all costs and expenses of such sale, together with interest on such sum at the rate of 12 percent per annum from the due date thereof or the date when the same were advanced until the repayment. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the legal owner thereof.
(Enacted in 1872. Amended by Stats.1907, c. 66, § 2; Stats.1927, c. 368, p. 604, § 1; Stats.1949, c. 1436, p. 2500, § 6; Stats.1959, c. 781, p. 2775, § 1; Stats.1974, c. 1262, p. 2736, § 1, eff. Sept. 23, 1974, operative Nov. 1, 1974; Stats.1977, c. 579, p. 1840, § 34; Stats.1978, c. 1005, p. 3084, § 3.)