SECTIONS 2081-2081.6 - California Statutes

CIVIL CODE

SECTION 2081-2081.6

2081. When any goods, merchandise, or other property has been
received by any railroad or express company, other common carrier,
commission merchant, innkeeper, or warehouseman, for transportation
or safekeeping, and is not delivered to the owner, consignee, or
other authorized person, the carrier, commission merchant, innkeeper,
or warehouseman may hold or store the property with some responsible
person until the freight and all just and reasonable charges are
paid.

2081.1. If within 60 days after its receipt no person calls for the
property and pays the freight and charges upon it, the carrier,
commission merchant, innkeeper, or warehouseman may sell the
property, or so much of it as will pay freight and charges, to the
highest bidder at public auction, after first causing such notice of
sale to be given as is customary in sales of goods by auction at the
place where the goods are held or stored.

2081.2. If any surplus remains after paying the freight, storage,
expenses of sale, and other reasonable charges, the sum remaining
shall be paid over to the owner of the property, upon his demand at
any time within 60 days after the sale.

2081.3. If the owner or his agent fails to demand the surplus
within 60 days after the sale, it shall be paid into the county
treasury, subject to the order of the owner.

2081.4. After the storage of the property the responsibility of the
carrier, commission merchant, innkeeper, or warehouseman ceases. The
person with whom the property is stored is not liable for loss or
damage on its account unless the loss or damage results from his
negligence or want of proper care.

2081.5. When any commission merchant or warehouseman receives
produce, merchandise, or other property on consignment and makes
advances upon it, either to the owner or for freight and charges, if
the advances are not paid to him within 60 days from the date made,
he may cause the produce, merchandise, or property on which the
advances were made, to be advertised and sold pursuant to this
article.

2081.6. All proceedings pursuant to this article are governed
entirely by its provisions and are not controlled or affected by
Article 2, Chapter 3, Title 7, Part 4, Division 3 of this code.