- DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
- CHAPTER 19.5. AIRCRAFT REPAIR
(a) Any repairperson having perfected his or her statutory
lien pursuant to Section 9798.2 shall be entitled to the ex parte
issuance of an order to show cause why the aircraft or other property
should not be sold at auction. The order to show cause shall be
issued by the Superior Court of the State of California upon the
filing in the superior court of a verified application for ex parte
order to show cause why the aircraft or other property should not be
sold at auction, which sets forth a true copy of the notice of lien
described in Section 9798.2. The order to show cause shall set a
hearing date not less than 20 days after the date of the order, upon
which the customer, the registered owner, or any other person having
an interest therein may present evidence to the court, by way of
declarations under penalty of perjury, or oral testimony as may be
authorized by the court, as to any reason why the aircraft or other
property subject to the lien should not be sold at auction in
accordance with the provisions pertaining to the enforcement of
judgments generally within this state.
(b) The order to show cause shall be personally served upon the
registered owner, the customer, and any other person then known to
the repairperson to have an interest in the aircraft or other
property subject to the lien within five days of the date of issuance
of the order to show cause; and concurrent with all attempts to
obtain personal service, a copy of the order to show cause shall be
sent by United States mail, certified, return receipts requested, to
each customer, the registered owner, and any other person or entity
then known to the repair person to have an interest in the aircraft
or other property subject to the lien or any other person who has
registered a lien upon, conveyance of, or other interest in, the
aircraft or other property subject to the lien with the FAA Aircraft
Registry.
(c) At the hearing, the court shall have in rem jurisdiction with
respect to the aircraft or other property subject to the lien, and
shall have personal jurisdiction over all persons or entities
appearing at the hearing, and may make orders and enter judgments in
accordance with applicable law.
(d) The registered owner or customer of the aircraft or other
property subject to the lien shall have a right of redemption in the
full amount of all amounts due to the repairperson, to be paid in
cash, or in the equivalent, to the repairperson at any time up to,
but not including, the entering of any judgment affecting the title
to the aircraft or other property subject to the lien.
(e) Any judgment entered by the court shall be deemed to be a
"conveyance" within the meaning of subdivision (17) of Section 1301
of Title 49 of the United States Code, and shall be recordable at the
FAA Aircraft Registry pursuant to Section 49.17 of Title 14 of the
Code of Federal Regulations.
(f) Upon payment to the repairperson by or on behalf of the
registered owner of the aircraft or other property subject to the
lien, or by the customer, the repairperson shall cause to be filed
with the FAA Aircraft Registry a notice of cancellation of lien. The
filing of the notice of cancellation of lien shall terminate all
interest of the repairperson that was otherwise subject to the notice
of lien.
(g) In any action for the enforcement of the statutory lien
provided by this chapter, the prevailing party or parties shall be
entitled to recover from the nonprevailing party or parties such
costs of suit and attorney fees as may be deemed by the court, in its
discretion, to be just and reasonable.
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