RES 97088 - Laserfiche WebLink

Ca! Civ Code @ 3072 (1996) (g)/~o lien sale shall be under~ak-n pursuant to this section unless the vehicle has been available for inspection at a location easily accessible to the public at least one hour before the sale and is at the place of sale at the time and date specified on the notice of sale- Sealed bids shall not be accepted. The lienholder shall conduct the sale in a commercially reasonable manner. All lien sale documents re.~uired by the depament shall be completed and delivered to the buyer immediately following the sale. (h) Any lien sale pursuant to this section shall be void if the lienholder does not comply with =his chapter. Any lien for fees or storage charges for parking and storage of a motor vehicle shall be subject to Section 10652.2 of the Vehicle Code- HISTORY: Added Stars 1980 ch 1111 @ 10. Amended Stars 1984 ch 73 @ 3, operative until January 1, 1988. Amended StaZs 1987 ch 1091 @ 3; Sta~s 1990 ch 1284 @ 2 (AB 3049); Stars 1992 ch 1220 @ 3 (.A3 3424); Stars !994 ch 799 @ 5 (AB 3164). NOTES: FOP~MER SECTIONS: Fomer @ 3072, similar to the present section, was added Stars 1959 ch 3 @ 3, amended Stars 1967 ch 1085 @ !, Stars 1974 ch !262 @ 5, effective September 23, 1974, operative November !, 1974, SZa~s !978 ch 1005 @ 8, and repealed SZa~s 1980 ch !!!! @ 9. .~_~F_ND.~NTS: 1984 Amendment: (!)Substituted "one thousand dollars ($ 1,000)" for "three hundred dollars ($ 300)" in subd (a); (2) added the second sentence of subd (b); (3) substituted "of" for "~fnere ~he vehiz!e is stored and at" ~-fter "on the premises" in the first sentence of subfi (f); and (4) added subd (h)- 1987 .~mendment: in addition ~o makin-~ ~a-_hnical changes, deleted former subd (h). 1990 A/nendment: Amended subd (e) by (l) a-~ding "for the serving of process" at the end of the first sentence; and (2)substituting "judicial proceeding" for "sale" at the end of the subdivision. 1992 Amendment: (1) Amended subd (a) by (a) substituting "two thousand five hundred dollars ( $ 2,500 )" for "one thousand dollars ( $ 1,000 ) "; (b) adding "but not less than Three hundred dollars ($ 300),"; and (c) adding the second and ~hird sentences; (2) s~sti~uted "41 days" for "35 days" in subd (c)(2); (3) substituted "!0 days" for "15 days" In subd (c)(4)(C); (4) added "or if the dec!erant cannot be served as described in subdivision (e)" at the end of subd (c) (4)(D); (5) added the last sentence of subd (d) ; (6) amended subd (e) by adding (a) "in person or" after "on the declarant" near the beginning of the first sentence; (b) "or if ~he lienholder has attempted to effect service on the declatent in person with a marshal, sheriff, or licensed process server and the marshal, sheriff, or licensed process ser~,er has been unable to effect service on the declarant," in the second sentence; (c) "or proceed with the lien sale without a judicial proceeding" at the end of the second sentence; and (d) the third and fourth sentences; and (7) adde~ "and if the pending lien sale is scheduled to occur at a place other than the premises of the business office of the lienholder, at the site of the forthcoming sale" at the end of the first sentence of subd (f) . 1994 Amendment: (1) Deleted "but not less than three hundred dollars ($ 300) ," before "the lienholder" in the first sentence of subd (a); (2) lex.code