Title CIV, California Civ. Code

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 …

(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…

(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…

(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…

(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…

(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 …

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…

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…

(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…

(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…

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…

(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…

(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…

(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…

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 writ…

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 author…