Upon the filing of the complaint, or at any time thereafter prior to judgment, the lienholder may apply to the court in which the action was commenced for an order authorizing sale of livestock.
(a) The application shall include all of the following:
(1) A statement showing that the sale is sought pursuant to this chapter to enforce a livestock service lien;
(2) A statement of the amount the lienholder seeks to recover from the defendant and the date that amount became due;
(3) A statement setting forth the reasons why a sale should be held prior to judgment;
(4) A description of the livestock to be sold and an estimate of the fair market value thereof; and
(5) A statement of the manner in which the lienholder intends to sell the livestock. The statement shall include, but not be limited to, whether the sale will be public or private, the amount of proceeds expected from the sale, and, why the sale, if authorized, would conform to the standard of commercial reasonableness set forth in Section 3080.16.
(b) The application shall be supported by an affidavit or affidavits showing that on the facts presented therein the lienholder would be entitled to a judgment on the claim upon which the action is brought.
(c) A hearing shall be held in the court in which the lienholder has brought the action before an order authorizing sale is issued under this chapter. Except as provided in Section 3080.15, or as ordered by the court upon good cause shown, the defendant shall be served with a copy of all of the following at least 10 days prior to the date set for hearing:
(1) A summons and complaint;
(2) A notice of application and hearing; and
(3) An application and all affidavits filed in support thereof.
(Added by Stats. 1979, Ch. 600.)
Last modified: October 25, 2018