AB 2572, as introduced, Jones-Sawyer. Vehicle liens.
Existing law grants a person a lien on a vehicle, dependent upon possession, for the compensation connected with repairing, furnishing supplies, storing, or renting parking space for that vehicle. Existing law establishes how the lien arises and how it may be extinguished.
This bill would make a nonsubstantive change in these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3068 of the Civil Code is amended to
2read:
(a) Every person has a lien dependent upon possession
4for the compensation to whichbegin delete theend deletebegin insert thatend insert person is legally entitled
5for making repairs or performing labor upon, and furnishing
6supplies or materials for, and for the storage, repair, or safekeeping
7of, and for the rental of parking space for, any vehicle of a type
8subject to registration under the Vehicle Code, subject to the
9limitations set forth in this chapter. The lien shall be deemed to
10arise at the time a written statement of charges for completed work
P2 1or services is presented to the registered owner or 15 days after
2the work or services are completed, whichever occurs first. Upon
3
completion of the work or services, the lienholder shall not
4dismantle, disengage, remove, or strip from the vehicle the parts
5used to complete the work or services.
6(b) (1) Any lien under this section that arises because work or
7services have been performed on a vehicle with the consent of the
8registered owner shall be extinguished and no lien sale shall be
9conducted unless either of the following occurs:
10(A) The lienholder applies for an authorization to conduct a lien
11sale within 30 days after the lien has arisen.
12(B) An action in court is filed within 30 days after the lien has
13arisen.
14(2) A person whose lien for work or services on a vehicle has
15been extinguished shall turn over possession of the vehicle, at the
16place where the work or services were performed, to the legal
17owner or the lessor upon demand of the legal owner or lessor, and
18upon tender by the legal owner or
lessor, by cashier’s check or in
19cash, of only the amount for storage, safekeeping, or parking space
20rental for the vehicle to which the person is entitled by subdivision
21(c).
22(3) Any lien under this section that arises because work or
23services have been performed on a vehicle with the consent of the
24registered owner shall be extinguished, and no lien sale shall be
25conducted, if the lienholder, after written demand made by either
26personal service or certified mail with return receipt requested by
27the legal owner or the lessor to inspect the vehicle, fails to permit
28that inspection by the legal owner or lessor, or his or her agent,
29within a period of time not sooner than 24 hours nor later than 72
30hours after the receipt of that written demand, during the normal
31business hours of the lienholder.
32(4) Any lien under this section that arises because work or
33services have been performed on a vehicle with the consent of the
34registered owner shall be
extinguished, and no lien sale shall be
35conducted, if the lienholder, after written demand made by either
36personal service or certified mail with return receipt requested by
37the legal owner or the lessor to receive a written copy of the work
38order or invoice reflecting the services or repairs performed on the
39vehicle and the authorization from the registered owner requesting
40the lienholder to perform the services or repairs, fails to provide
P3 1that copy to the legal owner or lessor, or his or her agent, within
210 days after the receipt of that written demand.
3(c) The lienholder shall not charge the legal owner or lessor any
4amount for release of the vehicle in excess of the amounts
5authorized by this subdivision.
6(1) That portion of the lien in excess of one thousand five
7hundred dollars ($1,500) for any work or services, or that amount,
8subject to the limitations contained in Section 10652.5 of the
9Vehicle Code, in excess of one thousand twenty-five
dollars
10($1,025) for any storage, safekeeping, or rental of parking space
11or, if an application for an authorization to conduct a lien sale has
12been filed pursuant to Section 3071 within 30 days after the
13commencement of the storage or safekeeping, in excess of one
14thousand two hundred fifty dollars ($1,250) for any storage or
15safekeeping, rendered or performed at the request of any person
16other than the legal owner or lessor, is invalid, unless prior to
17commencing any work, services, storage, safekeeping, or rental
18of parking space, the person claiming the lien gives actual notice
19in writing either by personal service or by registered letter
20addressed to the legal owner named in the registration certificate,
21and the written consent of that legal owner is obtained before any
22work, services, storage, safekeeping, or rental of parking space
23are performed.
24(2) Subject to the limitations contained in Section 10652.5 of
25the Vehicle Code, if any portion of a lien includes charges for
the
26care, storage, or safekeeping of, or for the rental of parking space
27for, a vehicle for a period in excess of 60 days, the portion of the
28lien that accrued after the expiration of that period is invalid unless
29Sections 10650 and 10652 of the Vehicle Code have been complied
30with by the holder of the lien.
31(3) The charge for the care, storage, or safekeeping of a vehicle
32which may be charged to the legal owner or lessor shall not exceed
33that for one day of storage if, 24 hours or less after the vehicle is
34placed in storage, a request is made for the release of the vehicle.
35If the request is made more than 24 hours after the vehicle is placed
36in storage, charges may be imposed on a full, calendar-day basis
37for each day, or part thereof, that the vehicle is in storage.
38(d) In any action brought by or on behalf of the legal owner or
39lessor to recover a vehicle alleged to be wrongfully withheld by
40the person claiming a lien pursuant to this section, the
prevailing
P4 1party shall be entitled to reasonable attorney’s fees and costs, not
2to exceed one thousand seven hundred fifty dollars ($1,750).
O
99