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Cal Civ Code @ 3072 (1996) <br /> <br /> ~k substituted "30 days" for "20 days" in the first sentence of subd (d); and (3) <br /> ~_ added subd (h)- <br /> <br /> HISTORICAL DERIVATION: <br /> (a) Former @ 3071.3, as added Stars 1975 ch 1036 @ 2, amended Stars 1978 ch <br /> _1005 @ 6. <br /> (b) Former @ 3072, as added Stars 1959 ch 3 @ 1, amended Stars 1967 ch 1085 <br /> <br /> 1, Stars 1974 ch 1262 @ 5, Stars 1978 ch 1005 @ 8. <br /> (c) cc @ 2052, amended Stars 1907 ch 66 @ 2, Stars 1927 ch 368 @ 1. <br /> (d) Stars 1867-68 ch 448 @ 15. <br /> <br /> CROSS REFERENCES': <br /> Notice of sale of abandoned vehicle: Veh C @ 22851.8. <br /> <br /> COLLATERAL REFERENCES: <br /> Cal Jut 3d (Rev) Garages, Service Stations, and Parking Facilities @ 39. <br /> Cal Jut 3d Abandoned, Lost, and Escheated Property @ 71, Secondhand and Junk <br /> Dealers @ 14. <br /> <br /> FORMS: <br /> Cal Forms@ 34: 66. <br /> <br /> LAW REVIEW ARTICLES: <br /> California Garagemen's Liens--Impact and aftermath of Adams v DeparZment of <br /> Motor Vehicles. 6 Pacific LJ 98. <br /> Effect of !949 Amendment of former Veh C @ 428. 23 SCLR 43. <br /> · ~ State action, due process and selected problems of creditors' <br />..... righZs--Garageman's lien. 47 SCI~R 43. <br /> <br /> ATTORNEY GENEP~L'S OPINIONS: <br /> Sale of motor vehicle for delin_cuent fees. 30us Arty Gen 272. <br /> Sales under section must be held in county wher~ vehicle is located and <br /> notice of intended sale is published or posted. 19 Ops Arty Gen 234. <br /> <br /> NOTES OF DECISIONS <br /> Civ. Code, @@ 3071--3074, parts of the garageman's lien law, deprive owners <br /> of due process of law in =hat they peruP. i= involuntary sale and transfer of a <br /> vehicle without affording the owner an opportunity for hearing. Consequently, <br /> these provisions are invalid. Adams v Department of Motor Vehicles (1974) 11 <br /> C3d 146, 113 Cal Rptr 145, 520 P2d 961. <br /> A garageman may, pur=uant to the garageman's lien law, retain possession of <br /> an automobile if the owner declines to pay for its repair, but may not sell the <br /> automobile to satisfy the claim. If the owner remains unwilling or unable to pay <br /> the amount claimed, the parties are relegated to such remedies as are provided <br /> by common law or statute consonant with due process re~uiremants. Adams v <br /> Department of Motor Vehicles (1974) 11 C3d 146, 113 Cal Rptr 145, 520 P2d 961. <br /> <br /> lex.code <br /> <br /> <br />