Title BPC, California Bus. & Prof. Code

(a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a single-line supplier. (b) Except where there are grounds for termination of a dealer contract pursuant to paragraph (1), (2), (3), (4), (5), (6), (7…

(a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a single-line supplier. (b) If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an e…

(a) This section shall only apply to dealer contracts between a single-line dealer and its single-line supplier. (b) No supplier may terminate a dealer contract without good cause. In addition to the definition in subdivision (l) of Section 22901, good cause exists whenever any o…

(a) If a dealer submits a warranty claim to a supplier while the dealer contract is in effect or within 60 days after the termination of the dealer contract, and if the claim is for work performed before the termination or expiration of the dealer contract, the supplier shall app…

Every supplier shall provide to its dealers, on an annual basis, an opportunity to return a portion of their surplus parts inventory for credit. The surplus procedure shall be administered as follows: (a) The supplier may notify its dealers of a time period, of at least 90 days’ …

Except as provided in subdivision (p), whenever a dealer contract is terminated by cancellation or nonrenewal, the supplier shall repurchase the inventory as provided in this section. (a) The supplier shall repurchase at its fair market value or assume the lease responsibilities …

(a) A dealer, as defined in subdivision (f) of Section 22901, is not entitled to establish a lien pursuant to this act, unless that person has first sent to the lien debtor a written notice, by certified mail, which states all of the following: (1) The payment of the reasonable o…

Except as otherwise provided in this act, the notice of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the dealer remains unpaid for the amounts secured by the lien. (Amended by Stats. 2005, Ch. 712, Sec…

The lien created by this act shall be perfected and shall be effective upon the filing of a notice claim of lien with the Secretary of State. (Amended by Stats. 2005, Ch. 712, Sec. 14. Effective October 7, 2005.)

The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien debtor. (c) The location of the property to which the equipment was returned. (d) A statement that the payment of reason…

The notice of claim of lien shall be signed by the lien claimant or by a person authorized by the claimant. (Amended by Stats. 2005, Ch. 712, Sec. 16. Effective October 7, 2005.)

The notice of a claim of lien shall be filed on a form prescribed by the Secretary of State pursuant to Section 9502 of the Commercial Code. The standard form shall be completed in its entirety except as follows: (a) The lien claimant may be identified either as a lien claimant o…

The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Sections 9516 and 9519 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 1.2.…

The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of filing the lien with the Secretary of State. (Amended by Stats. 2005, Ch. 712, Sec. 18. Effective October 7, 2005.)

For the purpose of the Secretary of State’s index pursuant to Sections 9516 and 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9523 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to thi…

The lien created pursuant to this act shall be treated according to the following: (a) Have priority in accordance with the time the notice of claim of lien is filed with the Secretary of State. (b) Have the same priority as a security interest perfected by the filing of a financ…

A member of the public may obtain a certificate from the Secretary of State identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of the filing of each notice, and the names and addresses of eac…

A member of the public may obtain a copy of any notice of an equipment repurchase lien, including notices affecting the notices from the Secretary of State. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 19…

The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing the claim of lien. For purposes of this section, “secured creditors” means any entity named as a secured party in the financing statement filed with regard to the debtor and wh…

The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be enforced pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (Added by Stats.…

(a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing the security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, an…

(a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The lienholder shall file a statement of assignment or transfer with the office of the Secretary of State in the same manner that a statement …

(a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101) of the Commercial Code. (b) For the purposes of this act, the following terms have the following meanings: (1) “Secured party” refers …

The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms. (Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)

(a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestat…

Any dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation of any provisions of this chapter, together with costs and reasonable attorney’s fees. The dealer may also be …

If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provis…

This act shall apply to dealer contracts in effect on the effective date of this act that have no expiration date and that are continuing contracts, and all other dealer contracts entered into or renewed on or after the effective date of this act. A provision in any contract or a…