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RES 97088
City of Pleasanton
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RES 97088
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3/27/2012 1:46:53 PM
Creation date
11/6/1998 6:55:49 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
7/15/1997
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Cal Civ Code @ 3071 (1996) <br /> <br /> 1984 Amendment: (1)Substituted "one thousand dollars ($ 1,000)" for "three <br />hundred dollars ($ 300)" at the end of the firs= sentence of subd (a); (2) added <br />"or she" after "only if he" in subd (c)(4); (3) substituted "five" for "10" <br />after ,,At least" at the beginning of subd (f)(1); and (4) added subd (j) . <br /> 1987 Amendment: In addition to making technical changes, deleted former subd <br />(j)- <br /> 1990 Amendment: Amended subd (e) by (1)adding "for the serving of process" at <br />the end of the first sentence; and (2)substituting "lienholder may proceed with <br />the judicial proceeding" for "department may authorized the sale" at the end of <br />the subdivision. <br /> 1992 Amendment: (1) Substituted "two thousand five hundred dollars ($ 2,500)" <br />for "one thousand dollars ($ 1,000)" in subd (a); (2) added the last sentence of <br />subd (a) (1); (3) substituted "10 days" for "15 days" in subd (c) (3); (4) added <br />"or if the declarant cannot be served as described in subdivision (e)" at the <br />end of subd (c)(4); (5) amended subd (d) by (a) substituting "30 days" for "20 <br />days"; and (b) adding the last sentence; and (6) amended subd (e) by adding (a) <br />"in person or" after "on the declatent" near the beginning of the first <br />sentence; (b) "or if the lienholder has attempted to effect service on the <br />declarant in person with a marshal, sheriff, or licensed process server and the <br />marshal, sheriff, or licensed process server has been unable to effect service <br />on the dec!arant," in the second sentence; (c) "or proceed with the lien sale <br />wizhouz a judicial proceeding" at the end of the second sentence; and (d) the <br />third and fourth sentences. <br /> !994 Amendment: Added subd (j). <br /> <br />HiSTORiCAL DERiVATiOK: <br /> (a) ?orm. er @ 3071, as added S=a-_s 19_=9 ch 3 @ 3, amended Stars !974 ch !262 <br /> <br />3, Sza~s 1975 ch 1036 @ 1, Sza~s 19T8 ch 1005 @ 5. <br /> (b) ?omer @ 3074, as added S~a~s 1959 ch 3 @ 3, amen-~ed SzaZs 1978 ch 1005 <br /> <br /> !!. (c) .-~orm. er Veh C @ 427, as enacted 1935. <br /> (d) Fomer Veh C 429, amended Sza~s 1951 ch 951 @ !. <br /> (e) CC @ 3052, amended Stars !907 cj 66 @ 2, Sz=_~s 1927 ch 368 @ 1. <br /> (f) Stars !867-68 ch 448 @ 15 p 593. <br /> <br /> CROSS PaFEPSNCES: <br /> Sale of vehicle not exceeding one thousand dollars in value: CC @ 3072. <br /> Disposition of proceeds cf sale: CC @ 3073. <br /> <br /> CO~jZu~..T-IP~i RE: L'ERENCES: <br /> Cal Jut 3d (Rev) Garages, Service Stations, and Parking Facilities @ 39. <br /> Cal Jut 3d Secondand an~ Junk Dealer~ @ 14. <br /> Am Jut 2d Garages, and [illin~ and Parking Stations @@ !44 et se~. <br /> <br /> · _~.W P~'vIEW ARTICLES: <br /> California Gara~emen's Liens--Impact and aftermath of Adams v Department of <br /> Motor Vehicles. 6 Pacific ~J 98. <br /> S~ate action, due process an~ selected problems of creditors' <br /> ri~h~s--Garageman's lien. 47 SCI,R 43. <br /> <br /> ATTOR/~Y GENERAL' S OPINIONS: <br /> Sales held following notice published in newspaper pursuant to [former Veh C <br /> @ 428] must be held in same county in which such newspaper is published, and in <br /> which property sold is situated. 19 Ops Arty Gen 324. <br /> <br /> lex.code <br /> <br /> <br />
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