SECTIONS 708.910-708.930 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 708.910-708.930

708.910. As used in this article, "franchise" means a franchise
granted by a public entity and all the rights and privileges thereof,
other than the franchise of being a corporation.

708.920. (a) The court may, in its discretion, order a franchise
applied to the satisfaction of a money judgment upon application by
the judgment creditor made on noticed motion. The notice of motion
shall be served on the judgment debtor and the public entity that
granted the franchise. Service shall be made personally or by mail.
In exercising its discretion, the court shall determine whether
application of the franchise to the satisfaction of the judgment is
proper taking into account all the circumstances of the case,
including but not limited to the nature of the franchise, whether the
franchise is by its terms transferable, and the likelihood that
application of the franchise to the satisfaction of the judgment will
yield a substantial amount.
(b) If the court orders application of the franchise to the
satisfaction of the judgment, application shall be by such means as
appears proper to the court, including but not limited to sale of the
franchise, assignment of the franchise or proceeds of the franchise,
or appointment of a receiver. The court may include in its order, or
make additional orders containing, provisions to effectuate the
application of the franchise to the satisfaction of the judgment,
including but not limited to provisions relating to the place of sale
of the franchise, possession of the property of the judgment debtor
necessary for the exercise of the franchise, receipt of proceeds of
the franchise, recovery of penalties imposed by law and recoverable
for injury to the franchise or for damages or other cause, and the
judgment debtor's powers, duties, and liability for penalties and
forfeitures.

708.930. Notwithstanding any other provision of this article, an
order for application of a franchise to the satisfaction of a money
judgment is subject to all applicable laws governing sale, transfer,
or other actions concerning the franchise, including but not limited
to any necessary approvals by the Public Utilities Commission or
local public entities and compliance with statutory or administrative
regulations.