SECTIONS 1208.61-1208.70 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1208.61-1208.70

1208.61. Subject to the limitations set forth in this chapter,
every person has a lien dependent upon possession for the
compensation to which he is legally entitled for making repairs or
performing labor upon, and furnishing supplies or materials for, and
for the storage, repair, or safekeeping of, any aircraft, also for
reasonable charges for the use of any landing aid furnished such
aircraft and reasonable landing fees.

1208.62. That portion of such lien in excess of two hundred fifty
dollars ($250) for work or services rendered or performed at the
request of any person other than the holder of the legal title is
invalid, unless prior to commencing such work or service the person
claiming the lien gives actual notice to the legal owner and the
mortgagee, if any, of the aircraft, and the written consent of the
legal owner and the mortgagee of the aircraft is obtained before such
work or services are performed. For the purposes of this chapter the
person named in the federal aircraft registration certificate issued
by the Administrator of Civil Aeronautics shall be deemed to be the
legal owner.

1208.63. Any lien for labor or materials provided for in this
chapter may be assigned by written instrument accompanied by delivery
of possession of the aircraft subject to the lien and the assignee
may exercise the rights of a lienholder pursuant to this chapter. Any
lienholder assigning a lien shall at the time of the assignment give
written notice, either by personal delivery or by registered mail
with return receipt requested, to the legal owner of the property
covered by the lien, including the name and address of the person to
whom the lien is assigned.

1208.64. Whenever the lien upon any aircraft is lost by reason of
the loss of possession through trick, fraud, or device, the
repossession of such aircraft by the lienholder revives the lien, but
the lien so revived is subordinate to any right, title, or interest
of any person under any sale, transfer, encumbrance, lien, or other
interest acquired or secured in good faith and for value between the
time of the loss of possession and the time of repossession.

1208.65. If the lienholder is not paid the amount due within 10
days after it becomes due, the lienholder may proceed to sell the
property, or so much thereof as is necessary to satisfy the lien and
costs of sale, at public auction.

1208.66. Prior to any such sale the lienholder shall publish a
notice of the sale pursuant to Section 6062 of the Government Code in
a newspaper published in the county in which the aircraft is
situated, or if there is no such newspaper, by posting notice of sale
in three of the most public places in the city or place where such
aircraft is to be sold for 10 days previous to the date of the sale.
Prior to the sale of any aircraft to satisfy any such lien, 20 days'
notice by registered mail shall be given to the legal owner as it
appears in the registration certificate.

1208.67. The proceeds of the sale must be applied to the discharge
of the lien and the cost of keeping and selling the property. The
remainder, if any, shall be paid to the legal owner.

1208.68. Within 20 days after the sale, the legal owner may redeem
the aircraft so sold upon the payment of the amount of the lien, all
costs and expenses of sale, and interest on such sum at the rate of
12 percent a year from the date it became due or the date when the
amounts were advanced until the repayment.

1208.69. It is a misdemeanor for any person to obtain possession of
all or any part of any aircraft subject to a lien under this chapter
through surreptitious removal or by trick, fraud, or device
perpetrated upon the lienholder.

1208.70. This chapter shall not apply to aircraft operated
exclusively by an air carrier or a foreign air carrier, as defined in
subdivisions (2) and (19) of Section 1 of Chapter 601 of the
Statutes of the Seventy-fifth United States Congress, Second Session
(1938), engaged in air transportation as defined in subdivision (10)
of the same section while there is in force a certificate by, or a
foreign air carrier permit of, the Civil Aeronautics Board of the
United States, or its successor, authorizing such air carrier to
engage in such transportation.