(a) At the hearing, the court shall consider the showing made by the parties and shall issue an order authorizing the sale of the livestock if it finds all of the following:
(1) The claim upon which the lienholder’s action is based is a claim giving rise to a lien upon which an order authorizing sale may be issued under this chapter;
(2) The lienholder has established the probable validity of the claim upon which the action is based;
(3) The lienholder has established the probable validity of the lien sought to be enforced by sale;
(4) The sale is necessary to prevent a possible decline in the value or condition of the livestock or that the sale should be held in the interest of equity;
(5) The sale is not sought for a purpose other than the recovery on the claim upon which the lien is based; and
(6) The sale, if conducted in the manner set forth in the application, would be conducted in a commercially reasonable manner.
(b) The order authorizing sale shall:
(1) Identify the livestock for which sale is authorized;
(2) Specify the manner of sale including the date, time, place, necessary publication or other notice; and
(3) Except as may be ordered pursuant to subdivision (c), direct the lienholder to deposit the proceeds of sale with the clerk of the court pending final judgment in the action.
(c) The court may in its discretion do either of the following:
(1) Authorize the lienholder to deduct and retain funds from the sale proceeds in an amount sufficient to compensate the lienholder for services provided to the livestock from the date that the lien arose until the date of sale.
(2) Determine the amount of sale proceeds reasonably necessary to satisfy the indebtedness secured by the livestock service lien and order any portion or all of the remaining sale proceeds distributed and applied as set forth in paragraph (3) of subdivision (c) of Section 3080.16.
The balance of sale proceeds, if any, remaining after any deductions authorized in this section shall be deposited with the clerk of the court pursuant to this section.
(Added by Stats. 1979, Ch. 600.)
Last modified: October 25, 2018