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California
California Liens for Services to Horses
NOTE: California has a specific breeder's lien, but no specific
liens for veterinarians or farriers. However, it does have
a general lien for services to livestock that would apply
to both veterinary and farrier services.
I. Breeder's Lien
CALIFORNIA CODES
CIVIL CODE DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN CHAPTER 6. OTHER LIENS
§ 3062. Lien for service of stallion, jack or bull
Every owner or person having in charge any stallion, jack,
or bull, used for propagating purposes, has a lien for the
agreed price of its service upon any mare or cow and upon
the offspring of such service, unless some willfully false
representation concerning the breeding or pedigree of such
stallion, jack, or bull has been made or published by the
owner or person in charge thereof, or by some other person,
at the request or instigation of such owner or person in charge.
§ 3063. Lien for service of stallion, jack or bull;
verified claims; recording; contents; notice
Every claimant of a lien provided for in the preceding section
must, within 90 days after the service on account of which
the lien is claimed, record in the office of the county
recorder of the county where the mare or cow subject thereto
is kept, a verified claim containing a particular description
of the mare or cow, the date and place of service, the name
of the owner or reputed owner of such mare or cow, a description
by name, or otherwise, of the stallion, jack, or bull performing
the service, the name of the owner or person in charge thereof,
and the amount of the lien claimed. Such claim, so recorded,
is notice to subsequent purchasers and encumbrancers of
such mare or cow and of the offspring of such service for
one year after such recording.
§ 3064. Lien for service of stallion, jack or bull;
enforcement action; remedies
An action to enforce any lien created under Section 3062
may be brought in any county wherein any of the property
subject thereto may be found, and the plaintiff is entitled
to the remedies provided in Section 3065 upon complying
with such section, which is hereby made applicable to the
proceedings in such action.
§ 3064.1. Forfeiture of right to pay for services
of breeding animals
Every person who wilfully advertises any cattle, horse,
sheep, swine, or other domestic animal for purposes of copulation
or profit as having a pedigree other than the true pedigree
of such animal shall forfeit all right by law to collect
pay for the services of such animal.
California Liens for Care of Horses
II. Lien for Services to Livestock
DIVISION 3. OBLIGATIONS
PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS
TITLE 14. LIEN
CHAPTER 6.7. LIVESTOCK SERVICE LIEN
§ 3080. Definitions
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 organization or entity which provides livestock
services.
(c) "Livestock services" means any and all grazing,
feeding, boarding, general care, which includes animal health
services, obtained or provided by the livestock servicer,
or his employee, transportation or other services rendered
by a person to livestock for the owner of livestock, or
for any person acting by or under the owner's authority.
§ 3080.01. Livestock services to which lien applicable;
priority; amount.
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 possession of the livestock servicer.
(b) The provision of livestock services to other livestock
for which livestock services were provided in connection
with or as part of the same livestock service transaction,
if such livestock services were provided within the immediately
preceding 12 months prior to the date upon which the lien
arose. The lien shall have priority over all other liens
upon and security interests in the livestock, shall arise
as the charges for livestock services become due, and shall
be dependent upon possession. The lien shall secure the
owner's contractual obligations to the lienholder for the
provision of livestock services, the lienholder's reasonable
charges for the provision of livestock services after the
lien has arisen as set forth in Section 3080.02, and the
lienholder's costs of lien enforcement, including attorney's
fees.
§ 3080.02. Additional rights and remedies of lienholder
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 satisfied.
(b) Proceed to sell all or any portion of the livestock
pursuant to Section 3080.16 if:
(1) A judicial order authorizing sale has been entered pursuant
to Section 3080.06;
(2) A judgment authorizing sale has been entered in favor
of the lienholder on the claim which gives rise to the lien;
or
(3) The owner of the livestock has released, after the lien
has arisen, its interest in the livestock in the form prescribed
by Section 3080.20.
(c) A lienholder may commence a legal action on its claim
against the owner of the livestock or any other person indebted
to the lienholder for services to the livestock and reduce
the claim to judgment. When the lienholder has reduced the
claim to judgment, any lien or levy or other form of enforcement
which may be made upon the livestock by virtue of any execution
based upon the judgment shall relate back to the attachment
of and have the same priority as the livestock service lien.
The lienholder may purchase at a judicial sale held pursuant
to the execution on the judgment and thereafter hold the
livestock free of any liens upon or security interests in
the livestock.
§ 3080.03. Order for sale; application; contents;
hearing; service on defendant
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 the sale is sought pursuant
to this chapter to enforce a livestock service lien;
(2) A statement of the amount the lienholder seeks to recover
from the defendant and the date that amount became due;
(3) A statement setting forth the reasons why a sale should
be held prior to judgment;
(4) A description of the livestock to be sold and an estimate
of the fair market value thereof; and
(5) A statement of the manner in which the lienholder intends
to sell the livestock. The statement shall include, but
not be limited to, whether the sale will be public or private,
the amount of proceeds expected from the sale, and, why
the sale, if authorized, would conform to the standard of
commercial reasonableness set forth in Section 3080.16.
(b) The application shall be supported by an affidavit or
affidavits showing that on the facts presented therein the
lienholder would be entitled to a judgment on the claim
upon which the action is brought.
(c) A hearing shall be held in the court in which the lienholder
has brought the action before an order authorizing sale
is issued under this chapter. Except as provided in Section
3080.15, or as ordered by the court upon good cause shown,
the defendant shall be served with a copy of all of the
following at least 10 days prior to the date set for hearing:
(1) A summons and complaint;
(2) A notice of application and hearing; and
(3) An application and all affidavits filed in support thereof.
§ 3080.04. Notice of application and hearing
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 the claim and has satisfied the other requirements
set forth in this chapter;
(c) The hearing is not held for the purpose of determining
the actual validity of the claim which determination will
be made in other proceedings in the action and will not
be affected by the findings made at the hearing on the application
for the order;
(d) If the order authorizing sale is issued, the lienholder
may proceed to sell the livestock in the manner set forth
in the order, and the sale proceeds will be deposited with
the court pending judgment on the lienholder's claim;
(e) If the defendant desires to oppose the issuance of the
order, the defendant must file with the court and serve
on the lienholder a notice of opposition and supporting
affidavit as required by Section 3080.05 no later than three
days prior to the date set for hearing;
(f) At the hearing, the court may deny the lienholder's
application if the defendant files an undertaking as set
forth in Section 3080.11; and
(g) The notice shall contain the following statement: "You
may seek the advice of an attorney as to any matters concerning
the lienholder's complaint and application. If an attorney
is to assist you, he or she should be consulted promptly.
You or your attorney or both of you may be present at the
hearing."
§ 3080.05. Notice of opposition; contents; necessity
of filing
(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 defendant opposes the
order;
(2) Be accompanied by an affidavit or affidavits supporting
any factual issues raised;
(3) State whether the defendant is prepared to file an undertaking
as provided in Section 3080.11; and
(4) If the defendant is prepared to file an undertaking,
include an estimate of the amount of such undertaking as
set forth in Section 3080.09 and the defendant's basis for
the estimate.
(b) Except when the lienholder has made an ex parte application
for an order as set forth in Section 3080.15, or for good
cause shown, a defendant shall not be permitted to oppose
the issuance of an order if it has failed to file a notice
of opposition within the time prescribed.
§ 3080.06. Order authorizing sale; findings; contents;
disposition of proceeds
(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 order authorizing
sale may be issued under this chapter;
(2) The lienholder has established the probable validity
of the claim upon which the action is based;
(3) The lienholder has established the probable validity
of the lien sought to be enforced by sale;
(4) The sale is necessary to prevent a possible decline
in the value or condition of the livestock or that the sale
should be held in the interest of equity;
(5) The sale is not sought for a purpose other than the
recovery on the claim upon which the lien is based; and
(6) The sale, if conducted in the manner set forth in the
application, would be conducted in a commercially reasonable
manner.
(b) The order authorizing sale shall:
(1) Identify the livestock for which sale is authorized;
(2) Specify the manner of sale including the date, time,
place, necessary publication or other notice; and
(3) Except as may be ordered pursuant to subdivision (c),
direct the lienholder to deposit the proceeds of sale with
the clerk of the court pending final judgment in the action.
(c) The court may in its discretion do either of the following:
(1) Authorize the lienholder to deduct and retain funds
from the sale proceeds in an amount sufficient to compensate
the lienholder for services provided to the livestock from
the date that the lien arose until the date of sale.
(2) Determine the amount of sale proceeds reasonably necessary
to satisfy the indebtedness secured by the livestock service
lien and order any portion or all of the remaining sale
proceeds distributed and applied as set forth in paragraph
(3) of subdivision (c) of Section 3080.16.
The balance of sale proceeds, if any, remaining after any
deductions authorized in this section shall be deposited
with the clerk of the court pursuant to this section.
§ 3080.07. Denial of order; grounds; return to defendant
of livestock
(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 to
Section 3080.11, the order shall direct the lienholder to
assemble and make the livestock available to defendant,
or to defendant's agent, at a specified date, time and place.
§ 3080.08. Findings at hearing; basis; effect; waiver
of defenses or of rights on admissibility of evidence
(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 hearing to allow the
production of such additional evidence or points and authorities.
(b) The court's findings at the hearing shall have no effect
on the determination of any issues in the action other than
issues relevant to the proceedings authorized by this chapter,
nor shall they affect the rights of the defendant in any
other action arising out of the same claim. The court's
determinations at the hearing shall neither be admissible
as evidence nor referred to at the trial of any such action.
(c) Neither the failure of the defendant to oppose the issuance
of an order authorizing sale, nor the defendant's failure
to rebut any evidence produced by the lienholder at the
hearing held for the issuance of such order, shall constitute
a waiver of any defense to the lienholder's claim in the
action or in any other action or have any effect on the
right of the defendant to produce or exclude evidence at
the trial of such action.
§ 3080.09. Application for order for substitution
of undertaking for livestock
(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 was brought for
an order for substitution of an undertaking which meets
the requirements of Section 3080.11 for the livestock held
by the lienholder.
(b) The application for such order shall be executed under
oath and, unless included within a notice of opposition
to sale as set forth in Section 3080.05, or except for good
cause shown, shall be made upon noticed motion. Unless the
parties otherwise agree, a hearing shall be held on the
motion not less than five nor more than 10 days after service
of notice of motion. The application shall contain all of
the following:
(1) A description of the livestock to be recovered;
(2) An estimate and the basis for the estimate of the fair
market value of the livestock;
(3) A statement identifying and describing the sureties
for the undertaking.
§ 3080.10. Order for release of livestock to owner;
conditions
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 include all of
the following:
(1) The amount of the undertaking required.
(2) The basis for the court's finding as to the fair market
value of the livestock.
(3) A statement that the lienholder has the right to object
to the undertaking pursuant to Section 995.910 of the Code
of Civil Procedure.
(4) A description of the livestock to be substituted.
(5) A statement of the date, time, place and manner in which
the lienholder is to turn over the livestock to the owner.
§ 3080.11. Undertaking; contents
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 the livestock. § 3080.15. Order authorizing sale or order for substitution
of undertaking without noticed hearing
(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 result to the party
seeking the order if the issuance of the order were delayed
until the matter could be heard upon noticed hearing.
(b) In addition to a specific statement of the facts showing
great or irreparable injury, any application made under
this section for either an order authorizing sale or an
order substituting undertaking for livestock shall include
the substantive requirements of an application made under
Section 3080.03 or Section 3080.09, respectively.
(c) The court shall examine the ex parte application, supporting
affidavits and other papers on record and may issue the
order sought if it finds all of the following:
(1) The party seeking the order is entitled to the order
under the substantive provisions of this chapter;
(2) The party seeking the order will suffer great and irreparable
injury if the order is not issued; and
(3) If the ex parte application is made for an order authorizing
sale, the court determines that the condition of the livestock
will greatly deteriorate or the value of the livestock will
greatly depreciate before an order authorizing sale could
be obtained pursuant to noticed hearing.
(d) An order issued under this section shall contain such
provisions as the court determines to be in the interests
of justice and equity to the parties, taking into account
the effects on all parties under the circumstances of the
particular case. If an order authorizing sale issues under
this section, the court may authorize the lienholder to
take any action necessary to preserve the value of the livestock
so long as the court has determined that such action would
be commercially reasonable under the circumstances.
(e) Upon ex parte application of any party affected by an
order issued under this section or, if the court so orders,
after a noticed hearing, the court may modify or vacate
the order if it determines that such action would be proper
under the circumstances.
§ 3080.16. Sales of livestock; method; disposition
of proceeds
(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 lienholder acts in
good faith and in a commercially reasonable manner. The
livestock may be sold in its existing condition or following
any commercially reasonable preparation or processing. The
fact that a better price could have been obtained by a sale
at a different time or in a different manner from that selected
by the lienholder is not of itself sufficient to establish
that the sale was not made in a commercially reasonable
manner. If the lienholder either sells the livestock in
the usual manner in any recognized market therefor or sells
at the price current in such market at the time of the sale
or, if it has otherwise sold in conformity with reasonable
commercial sales practices for the type of livestock sold,
it has sold in a commercially reasonable manner.
(b) Except as otherwise specified by order of the court,
or as agreed to by all interested parties after the lien
has arisen, the proceeds of sale shall be deposited with
the clerk of the court in an interest-bearing account to
abide the judgment in the action.
(c) Except as otherwise specified in the judgment in the
action, the proceeds of sale shall be applied in the following
order:
(1) For reasonable expenses incurred by the lienholder in
enforcing the lien, including, but not limited to, the charges
for livestock services from the date the lien arose to the
date of sale; the costs of transporting and preparing the
livestock for sale and of conducting the sale; and, the
reasonable attorneys' fees and legal costs and expenses
incurred by the lienholder;
(2) For satisfaction of the contractual indebtedness secured
by the lien; and
(3) For satisfaction of indebtedness secured by any subordinate
lien or security interest in the livestock if written notification
or demand therefor is received by the court or the lienholder
before the proceeds have been distributed. If requested
by the lienholder, the holder of a subordinate lien or security
interest must seasonably furnish reasonable proof to the
court of its subordinate interest before the lienholder
need comply with the demand.
(d) The lienholder must account to the owner of the livestock
for any surplus and, unless otherwise provided in the judgment
in the action, the owner shall be liable for any deficiency.
§ 3080.17. Notice of sale
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 livestock, at his last known address, and to any other
person claiming a lien upon or security interest in the
livestock, who had on file with the California Secretary
of State on the date the lien arose a financing statement
covering the livestock for which livestock services secured
by the lien were provided at least five days before the
date fixed for any public sale or before the day on or after
which any private sale or other disposition is to be made.
(b) Notice of the time and place of a public sale shall
also be given at least five days before the date of sale
by publication once in a newspaper of general circulation
published in the county in which the sale is to be held.
If there is no such newspaper, notice shall be given by
posting, for five days prior to sale, a notice of sale where
the sale is to be conducted.
§ 3080.18. Public sale; defined; postponement; purchase
by lienholder
(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 sale.
(c) The lienholder may purchase the livestock at a public
sale.
§ 3080.19. Effect of sale; rights of purchaser
(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 take free of all such subordinate
rights and interests even though the lienholder fails to
comply with the requirements of this chapter or of any judicial
proceeding if:
(1) In the case of a public sale, the purchaser has no knowledge
of any defects in the sale and does not buy in collusion
with the lienholder, other bidders or the person conducting
the sale; or
(2) In any other case, the purchaser acts in good faith.
§ 3080.20. Release of interest by owner or other person
(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 the interest
at the time the release is signed.
(b) The release shall contain all of the following information
in simple, nontechnical language:
(1) A description of the livestock covered by the release
and the releasing party's interest in the livestock;
(2) A statement of the amount of the lien to which the livestock
is subject;
(3) A statement that the releasing party has a legal right
to a hearing in court prior to any sale of the livestock
to satisfy the lien;
(4) A statement by the releasing party that it is giving
the lienholder permission to sell the livestock;
(5) A statement of the extent to which the releasing party
gives up any interest it may have in the livestock or in
the sale proceeds of the livestock; and,
(6) To the extent that the release is not given in full
satisfaction of the lienholder's claim or claims against
the releasing party, a statement by the releasing party
that it is aware that the lienholder may still have a claim
against it after the release has been executed.
§ 3080.21. Retention of livestock to satisfy claim;
proposal; notice; releases; sale after objection
At any time after a lien has arisen, the lienholder may
propose to retain any portion or all of the livestock in
satisfaction of any portion or all of the claim against
the owner or other person indebted to the lienholder for
livestock services. The proposal shall be made in writing
to the owner and written notice thereof shall be given to
any person entitled to receive notice under subdivision
(a) of Section 3080.17. If, within 21 days after the notice
was sent, the lienholder receives objection in writing from
a person entitled to receive notification, the lienholder
must proceed to sell the livestock and account for the proceeds
pursuant to this chapter. In the absence of such written
objection, the lienholder may retain the livestock, or so
much thereof as proposed, in satisfaction of all or a portion
of the claim against the owner and other person indebted
to the lienholder for livestock services, upon the owner's
and such other person's execution of a release conforming
to Section 3080.20.
§ 3080.22. Assignment of lien
Any lien provided for in this chapter may be assigned by
written instrument accompanied by delivery of possession
of the livestock, subject to the lien, and the assignee
may exercise the rights of a lienholder as provided in this
chapter. Any lienholder assigning a lien as authorized herein
shall at the time of assigning the lien give written notice
of the assignment either by personal delivery or by registered
or certified mail, to the legal owner and any other person
entitled to receive notice under subdivision (a) of Section
3080.17, including the name and address of the person to
whom the lien has been assigned.
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