California Civil Code 3080.02 – In addition to any other rights and remedies provided by law, a …
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.
Terms Used In California Civil Code 3080.02
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Livestock: means any cattle, sheep, swine, goat, or horse, mule, or other equine. See California Civil Code 3080
- 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. See California Civil Code 3080
(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.
(Added by Stats. 1979, Ch. 600.)