BILL NUMBER: AB 2572	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones-Sawyer

                        FEBRUARY 19, 2016

   An act to amend Section 3068 of the Civil Code, relating to
vehicle liens.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 3068 of the Civil Code is amended to read:
   3068.  (a) Every person has a lien dependent upon possession for
the compensation to which  the   that 
person is legally entitled for making repairs or performing labor
upon, and furnishing supplies or materials for, and for the storage,
repair, or safekeeping of, and for the rental of parking space for,
any vehicle of a type subject to registration under the Vehicle Code,
subject to the limitations set forth in this chapter. The lien shall
be deemed to arise at the time a written statement of charges for
completed work or services is presented to the registered owner or 15
days after the work or services are completed, whichever occurs
first. Upon completion of the work or services, the lienholder shall
not dismantle, disengage, remove, or strip from the vehicle the parts
used to complete the work or services.
   (b) (1) Any lien under this section that arises because work or
services have been performed on a vehicle with the consent of the
registered owner shall be extinguished and no lien sale shall be
conducted unless either of the following occurs:
   (A) The lienholder applies for an authorization to conduct a lien
sale within 30 days after the lien has arisen.
   (B) An action in court is filed within 30 days after the lien has
arisen.
   (2) A person whose lien for work or services on a vehicle has been
extinguished shall turn over possession of the vehicle, at the place
where the work or services were performed, to the legal owner or the
lessor upon demand of the legal owner or lessor, and upon tender by
the legal owner or lessor, by cashier's check or in cash, of only the
amount for storage, safekeeping, or parking space rental for the
vehicle to which the person is entitled by subdivision (c).
   (3) Any lien under this section that arises because work or
services have been performed on a vehicle with the consent of the
registered owner shall be extinguished, and no lien sale shall be
conducted, if the lienholder, after written demand made by either
personal service or certified mail with return receipt requested by
the legal owner or the lessor to inspect the vehicle, fails to permit
that inspection by the legal owner or lessor, or his or her agent,
within a period of time not sooner than 24 hours nor later than 72
hours after the receipt of that written demand, during the normal
business hours of the lienholder.
   (4) Any lien under this section that arises because work or
services have been performed on a vehicle with the consent of the
registered owner shall be extinguished, and no lien sale shall be
conducted, if the lienholder, after written demand made by either
personal service or certified mail with return receipt requested by
the legal owner or the lessor to receive a written copy of the work
order or invoice reflecting the services or repairs performed on the
vehicle and the authorization from the registered owner requesting
the lienholder to perform the services or repairs, fails to provide
that copy to the legal owner or lessor, or his or her agent, within
10 days after the receipt of that written demand.
   (c) The lienholder shall not charge the legal owner or lessor any
amount for release of the vehicle in excess of the amounts authorized
by this subdivision.
   (1) That portion of the lien in excess of one thousand five
hundred dollars ($1,500) for any work or services, or that amount,
subject to the limitations contained in Section 10652.5 of the
Vehicle Code, in excess of one thousand twenty-five dollars ($1,025)
for any storage, safekeeping, or rental of parking space or, if an
application for an authorization to conduct a lien sale has been
filed pursuant to Section 3071 within 30 days after the commencement
of the storage or safekeeping, in excess of one thousand two hundred
fifty dollars ($1,250) for any storage or safekeeping, rendered or
performed at the request of any person other than the legal owner or
lessor, is invalid, unless prior to commencing any work, services,
storage, safekeeping, or rental of parking space, the person claiming
the lien gives actual notice in writing either by personal service
or by registered letter addressed to the legal owner named in the
registration certificate, and the written consent of that legal owner
is obtained before any work, services, storage, safekeeping, or
rental of parking space are performed.
   (2) Subject to the limitations contained in Section 10652.5 of the
Vehicle Code, if any portion of a lien includes charges for the
care, storage, or safekeeping of, or for the rental of parking space
for, a vehicle for a period in excess of 60 days, the portion of the
lien that accrued after the expiration of that period is invalid
unless Sections 10650 and 10652 of the Vehicle Code have been
complied with by the holder of the lien.
   (3) The charge for the care, storage, or safekeeping of a vehicle
which may be charged to the legal owner or lessor shall not exceed
that for one day of storage if, 24 hours or less after the vehicle is
placed in storage, a request is made for the release of the vehicle.
If the request is made more than 24 hours after the vehicle is
placed in storage, charges may be imposed on a full, calendar-day
basis for each day, or part thereof, that the vehicle is in storage.
   (d) In any action brought by or on behalf of the legal owner or
lessor to recover a vehicle alleged to be wrongfully withheld by the
person claiming a lien pursuant to this section, the prevailing party
shall be entitled to reasonable attorney's fees and costs, not to
exceed one thousand seven hundred fifty dollars ($1,750).