State Codes and Statutes

Statutes > California > Bpc > 9790-9798.4

BUSINESS AND PROFESSIONS CODE
SECTION 9790-9798.4



9790.  As used in this chapter, the following definitions apply:
   (a) To the extent applicable, the definitions which are now or may
hereafter be set forth in Section 1301 of Title 49 of the United
States Code are incorporated herein by reference.
   (b) To the extent applicable, the definitions which are now or may
hereafter be set forth in Sections 1.1, and 1.2 of Part 1 of Title
14 of the Code of Federal Regulations, are incorporated herein by
reference.
   (c) To the extent applicable, the definitions which are now or may
hereafter be set forth in Chapter 2 (commencing with Section 1201)
of Division 1 of the Commercial Code are incorporated herein by
reference.
   (d) "General aviation" means all aviation with the exception of
air carrier and military aviation.
   (e) "Repairperson" means any person engaged in the business of
repairing general aviation aircraft.
   (f) "Customer" means any person who requests a repairperson to do
work on a general aviation aircraft which is in the possession of
that person.
   (g) "Certificated repair station" means a person or business
entity which is the duly authorized holder of a Federal Aviation
Administration certificated repair station designation pursuant to
the provisions of Part 145 of Title 14 of the Code of Federal
Regulations. A certificated repair station is a subcategory of a
"repairperson."
   (h) "Certificated mechanic" means an individual person who is the
duly authorized holder of a Federal Aviation Administration Mechanic
Certificate, with either an "Airframe," a "Powerplant," or an
"Inspection Authorization" rating, which has been issued to that
person pursuant to the provisions of Part 65 of Title 14 of the Code
of Federal Regulations. A certificated mechanic is a subcategory of a
"repairperson."
   (i) "Fixed base operator" means a person or business entity which
is the duly authorized holder of a business license issued by all
applicable state or local governmental entities, to engage in the
business of providing fuel, oil, storage, parking, cleaning, and
other products and services for use in general aviation aircraft, or
by customers utilizing general aviation aircraft. A fixed-base
operator is a subcategory of a "repairperson."
   (j) A "noncertificated repairperson" means a repairperson that is
not a certificated repair station, a certificated mechanic, nor a
fixed-base operator. A noncertificated repairperson is a subcategory
of a "repairperson."
   (k) The "FAA Aircraft Registry" means that particular system for
the recording of conveyances and other documents which affect the
title to, or any interest in, civil aircraft of the United States,
which was originally created pursuant to Section 503 of the Federal
Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the
United States Code and which is more specifically identified in
Section 49.11 of Title 14 of the Code of Federal Regulations as:
                              FAA Aircraft Registry
                        Department of Transportation
                               P.O. Box 25504
                          Oklahoma City, OK 73125
                      or delivered to the Registry at:
                       6500 South MacArthur Boulevard
                           Oklahoma City, OK 73169




9791.  This chapter applies only to work done on a general aviation
aircraft with either an estimated cost or an actual cost of one
hundred dollars ($100) or more.



9792.  (a) It is the public policy of this state that parties to all
business transactions, including those transactions which are the
subject of this chapter, exhibit mutual financial responsibility with
respect to one another. Accordingly, the existence of liens, the
concurrence of liens, and the priorities of liens subject to this
chapter are determined so as to implement this public policy.
   (b) In addition, it is the public policy of this state that all
persons engaged in the business of aviation be subject to the highest
level of certification by the Federal Aviation Administration of the
United States of America (hereafter "the FAA") available to those
persons, and further, that these certificated persons be subject to
the highest level of FAA surveillance activities and enforcement
proceedings. This certification and surveillance contributes
substantially towards the protection of the public by attempting to
assure continued and ongoing compliance with all applicable FAA
standards and certification criteria. Accordingly, the existence of
liens, concurrence of liens, and priorities of liens as set forth in
this chapter are determined so as to implement this public policy.




9793.  No repairperson shall commence work for compensation without
specific authorization from the customer or his or her agent, in
accordance with all of the following requirements:
   (a) The repairperson shall give to the customer either of the
following:
   (1) A written estimated price for labor and parts for a specific
job.
   (2) A written estimate of the maximum cost for a specific job that
does not differentiate between labor and parts, but which shall not
be exceeded by the actual cost of the job, including labor and parts.
   No work shall be done or parts supplied in excess of, or different
from, the original written estimate without the separate oral or
written consent of the customer. If the consent is oral, the
repairperson shall make a notation on the work order and on the
invoice of the date, time, name of person authorizing the additional
work or change in work, and the telephone number called, if any,
together with a specification of the additional parts and labor and
the total additional cost.
   (b) If it is necessary to disassemble a general aviation aircraft
or its component in order to prepare a written estimated price for
required work, the repairperson shall first give the customer a
written estimated price for the disassembly and reassembly. The
estimate shall also include the cost of parts and necessary labor to
replace items such as gaskets and seals that are normally destroyed
by disassembling the component. If the disassembling might prevent
the restoration of the component to its former condition, the
repairperson shall write that information on the work order
containing the estimate before the work order is signed by the
customer.
   The repairperson shall inform the customer orally, and
conspicuously in writing on the work order, of the maximum time it
will take the repairperson to reassemble the aircraft or its
component if the customer elects not to proceed with the work. The
repairperson shall not charge the customer for more time than the
specified maximum time if the customer elects not to proceed with the
work.



9794.  Any repairperson who gives an original estimate in good
faith, shall not be obligated to complete a job within the quoted or
written estimated price if additional, unforeseen work is necessary
to complete the job and the customer refuses to consent to payment
for the cost of that additional work.



9795.  All work done by a repairperson, including all warranty work,
shall be recorded on an invoice and shall describe all work done and
parts supplied.
   Work and parts shall be listed separately on the invoice, which
shall also state separately the subtotal prices for work and for
parts, not including sales tax, and shall state separately the sales
tax, if any, applicable to each.
   If any used, rebuilt, or reconditioned parts are supplied, the
invoice shall clearly state that fact. If a part of a component
system is composed of new and used, rebuilt, or reconditioned parts,
the invoice shall clearly state that fact.
   One copy of the invoice shall be given to the customer and one
copy shall be retained by the repairperson.



9796.  The invoice shall show the repairperson's business name and
address.
   If the repairperson's telephone number is on the invoice, it shall
be the telephone number that appears in any advertisement or on an
advertising sign, and shall be the same number as that listed for the
repairperson's firm name and address in the telephone directory, or
on the telephone company records if the number is assigned to the
repairperson subsequent to the publication of the telephone
directory.



9797.  Notwithstanding any provision to the contrary, upon
authorization from the customer as to a specific job, a repairperson
may work on an aircraft on a time and materials basis.



9798.  (a) Sections 9793, 9794, 9795, and 9796 of this chapter shall
not apply to services provided to a general aviation aircraft in
distress which is in need of immediate work critical to its
preservation and safety, for which consent cannot be expeditiously
obtained. In all such instances, the work performed shall be done on
a time and material basis, notwithstanding the absence of consent by
the customer.
   (b) In all instances in which the provisions of subdivision (a)
are applicable, Sections 9798.1, 9798.2, 9798.3, and 9798.4 shall
also be applicable.



9798.1.  (a) Subject to the provisions set forth in this chapter,
each repairperson shall have a special lien pursuant to Sections 2872
and 2875 of the Civil Code, upon the civil aircraft, engine, or
aircraft appliance upon which the repairperson has bestowed labor or
furnished material. The special lien shall be in an amount equal to
the agreed upon value of the labor and material furnished, or in the
absence of any agreement, for the reasonable value thereof.
   (b) The statutory lien created pursuant to subdivision (a) is
applicable to any civil aircraft engine, aircraft propeller, or
aircraft appliance which is capable of having the ownership, or an
interest in the ownership, affected by a conveyance, recorded at the
FAA Aircraft Registry.
   (c) The statutory lien created pursuant to subdivision (a) is not
dependent upon possession by the repairperson of the property which
is subject to the lien.
   (d) The statutory lien created pursuant to subdivision (a) is
dependent upon the recordation of the lien at the FAA Aircraft
Registry in accordance with Section 9798.2.
   (e) The statutory lien created pursuant to subdivision (a) is
created by written contract between the parties but only if the
written contract is signed by the customer, and predates the
commencement of work for which the lien is applicable.
   (f) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Section 3051 of
the Civil Code if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (g) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Chapter 5
(commencing with Section 1208.61) of Title 4 of Part 3 of the Code of
Civil Procedure if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (h) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson has complied with all provisions of
Sections 9793, 9794, 9795, 9796, 9797, and 9798.
   (i) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson complies with either of the
following:
   (1) The repairperson is insured pursuant to a policy of liability
insurance predating the commencement of work for which the lien is
applicable, which was applicable and in full force and effect, and
contained no policy defenses with respect to the work for which the
lien is applicable.
   (2) The repairperson is the duly authorized holder of a written
surety bond predating the commencement of the work for which the lien
is applicable, which obligates the surety to satisfy any and all
valid legal claims which may be asserted against the repairperson by
the customer in an amount up to and including the value of the
property to which the lien applies.
   (j) Any statutory lien pursuant to Section 3051 of the Civil Code,
and any statutory lien pursuant to Chapter 5 (commencing with
Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure,
and any lien created by the written agreement of the parties
pursuant to Section 2884 of the Civil Code, in addition to being
dependent upon possession, shall be subject to the applicability of
the Commercial Code and "financing statements" as described in
Division 9 (commencing with Section 9101) of the Commercial Code may
be filed in accordance with the provisions of the Commercial Code.




9798.2.  (a) The statutory lien created pursuant to subdivision (a)
of Section 9798.1 is not valid unless and until it is recorded with
the FAA Aircraft Registry in the manner and in the form generally
required for the "Recording of Aircraft Titles and Security Documents"
pursuant to Part 49 of Title 14 of the Code of Federal Regulations.
   (b) In addition to any requirements set forth in Part 49 of Title
14 of the Code of Federal Regulations, the statutory lien created
pursuant to subdivision (a) of Section 9798.1 is valid upon
recordation by the FAA Aircraft Registry of a written document
entitled "NOTICE OF LIEN (PURSUANT TO CHAPTER 19.5 OF THE CALIFORNIA
BUSINESS AND PROFESSIONS CODE)." This document shall be:
   (1) Signed by the repairperson or by a duly authorized agent or
attorney of the repairperson.
   (2) Verified by the person signing the notice of lien upon that
person's personal knowledge of the matters stated in the notice of
lien, and which shall affirmatively state: "Except as to those
matters asserted as being upon my information and belief, I declare
under penalty of perjury in accordance with the laws of the State of
California and of the laws of the United States of America that the
matters stated herein are true and correct; and, as to those matters
asserted as being upon my information and belief, I declare under
penalty of perjury in accordance with the laws of the State of
California and of the United States of America that, upon reasonable
inquiry, I honestly and genuinely believe these matters to be true as
stated."
   (3) Contain the date, time, and place of signing of the notice of
lien.
   (c) The notice of lien referred to in subdivision (b) shall
contain the following information:
   (1) The United States Registration Number, make, model, and serial
number of the aircraft subject to the lien.
   (2) The name of the manufacturer, the model, and the serial number
of all applicable engines, propellers, or appliances subject to the
lien, to the extent they are not otherwise identifiable merely by
reference to the Aircraft Registration Number.
   (3) The name, address, and business telephone number of the
repairperson asserting the lien.
   (4) The name, address, and business telephone number of the
registered owner of the civil aircraft or other property subject to
the lien.
   (5) The name, address, and business telephone number of the person
consenting to the performance of the work giving rise to the lien.
   (6) The amount of the lien, exclusive of prospective storage
costs.
   (7) A narrative statement describing the nature of the work
accomplished.
   (8) The affirmative statement that a copy of the notice of lien is
concurrently being sent by United States mail, certified, return
receipt requested with postage fully prepaid thereon, or by other
comparable or more expeditious delivery services, to both the
registered owner and to the person consenting to the work.
   (9) The date of last services or materials provided.
   (d) No notice of lien pursuant to subdivision (b) is valid unless
it is presented for recording at the FAA Registry within 180 days of
the completion of the work giving rise to the lien.



9798.3.  (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.



9798.4.  (a) The priority of liens set forth in this section
supersedes the priority otherwise set forth in Section 2897 of the
Civil Code.
   (b) The time of creation of the lien shall be the time that the
FAA Aircraft Registry actually records the notice of lien described
in Section 9798.2.
   (c) With respect to the subcategory of "repairpersons" as
described in Section 9790, as between lien claimants of equal
subcategory, different liens upon the same property have priority
according to the time of their creation.
   (d) With respect to the subcategories of "repairperson" as
described in Section 9790 as between different liens upon the same
property which are created within 30 days of one another:
   (1) The lien of a certificated repair station has priority over
the liens of all other repairpersons.
   (2) The lien of a certificated mechanic has priority over the
liens of all other repairpersons other than certificated repair
stations.
   (3) The liens of a fixed-base operator have priority over all
other repairpersons other than certificated repair stations and
certificated mechanics.

State Codes and Statutes

Statutes > California > Bpc > 9790-9798.4

BUSINESS AND PROFESSIONS CODE
SECTION 9790-9798.4



9790.  As used in this chapter, the following definitions apply:
   (a) To the extent applicable, the definitions which are now or may
hereafter be set forth in Section 1301 of Title 49 of the United
States Code are incorporated herein by reference.
   (b) To the extent applicable, the definitions which are now or may
hereafter be set forth in Sections 1.1, and 1.2 of Part 1 of Title
14 of the Code of Federal Regulations, are incorporated herein by
reference.
   (c) To the extent applicable, the definitions which are now or may
hereafter be set forth in Chapter 2 (commencing with Section 1201)
of Division 1 of the Commercial Code are incorporated herein by
reference.
   (d) "General aviation" means all aviation with the exception of
air carrier and military aviation.
   (e) "Repairperson" means any person engaged in the business of
repairing general aviation aircraft.
   (f) "Customer" means any person who requests a repairperson to do
work on a general aviation aircraft which is in the possession of
that person.
   (g) "Certificated repair station" means a person or business
entity which is the duly authorized holder of a Federal Aviation
Administration certificated repair station designation pursuant to
the provisions of Part 145 of Title 14 of the Code of Federal
Regulations. A certificated repair station is a subcategory of a
"repairperson."
   (h) "Certificated mechanic" means an individual person who is the
duly authorized holder of a Federal Aviation Administration Mechanic
Certificate, with either an "Airframe," a "Powerplant," or an
"Inspection Authorization" rating, which has been issued to that
person pursuant to the provisions of Part 65 of Title 14 of the Code
of Federal Regulations. A certificated mechanic is a subcategory of a
"repairperson."
   (i) "Fixed base operator" means a person or business entity which
is the duly authorized holder of a business license issued by all
applicable state or local governmental entities, to engage in the
business of providing fuel, oil, storage, parking, cleaning, and
other products and services for use in general aviation aircraft, or
by customers utilizing general aviation aircraft. A fixed-base
operator is a subcategory of a "repairperson."
   (j) A "noncertificated repairperson" means a repairperson that is
not a certificated repair station, a certificated mechanic, nor a
fixed-base operator. A noncertificated repairperson is a subcategory
of a "repairperson."
   (k) The "FAA Aircraft Registry" means that particular system for
the recording of conveyances and other documents which affect the
title to, or any interest in, civil aircraft of the United States,
which was originally created pursuant to Section 503 of the Federal
Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the
United States Code and which is more specifically identified in
Section 49.11 of Title 14 of the Code of Federal Regulations as:
                              FAA Aircraft Registry
                        Department of Transportation
                               P.O. Box 25504
                          Oklahoma City, OK 73125
                      or delivered to the Registry at:
                       6500 South MacArthur Boulevard
                           Oklahoma City, OK 73169




9791.  This chapter applies only to work done on a general aviation
aircraft with either an estimated cost or an actual cost of one
hundred dollars ($100) or more.



9792.  (a) It is the public policy of this state that parties to all
business transactions, including those transactions which are the
subject of this chapter, exhibit mutual financial responsibility with
respect to one another. Accordingly, the existence of liens, the
concurrence of liens, and the priorities of liens subject to this
chapter are determined so as to implement this public policy.
   (b) In addition, it is the public policy of this state that all
persons engaged in the business of aviation be subject to the highest
level of certification by the Federal Aviation Administration of the
United States of America (hereafter "the FAA") available to those
persons, and further, that these certificated persons be subject to
the highest level of FAA surveillance activities and enforcement
proceedings. This certification and surveillance contributes
substantially towards the protection of the public by attempting to
assure continued and ongoing compliance with all applicable FAA
standards and certification criteria. Accordingly, the existence of
liens, concurrence of liens, and priorities of liens as set forth in
this chapter are determined so as to implement this public policy.




9793.  No repairperson shall commence work for compensation without
specific authorization from the customer or his or her agent, in
accordance with all of the following requirements:
   (a) The repairperson shall give to the customer either of the
following:
   (1) A written estimated price for labor and parts for a specific
job.
   (2) A written estimate of the maximum cost for a specific job that
does not differentiate between labor and parts, but which shall not
be exceeded by the actual cost of the job, including labor and parts.
   No work shall be done or parts supplied in excess of, or different
from, the original written estimate without the separate oral or
written consent of the customer. If the consent is oral, the
repairperson shall make a notation on the work order and on the
invoice of the date, time, name of person authorizing the additional
work or change in work, and the telephone number called, if any,
together with a specification of the additional parts and labor and
the total additional cost.
   (b) If it is necessary to disassemble a general aviation aircraft
or its component in order to prepare a written estimated price for
required work, the repairperson shall first give the customer a
written estimated price for the disassembly and reassembly. The
estimate shall also include the cost of parts and necessary labor to
replace items such as gaskets and seals that are normally destroyed
by disassembling the component. If the disassembling might prevent
the restoration of the component to its former condition, the
repairperson shall write that information on the work order
containing the estimate before the work order is signed by the
customer.
   The repairperson shall inform the customer orally, and
conspicuously in writing on the work order, of the maximum time it
will take the repairperson to reassemble the aircraft or its
component if the customer elects not to proceed with the work. The
repairperson shall not charge the customer for more time than the
specified maximum time if the customer elects not to proceed with the
work.



9794.  Any repairperson who gives an original estimate in good
faith, shall not be obligated to complete a job within the quoted or
written estimated price if additional, unforeseen work is necessary
to complete the job and the customer refuses to consent to payment
for the cost of that additional work.



9795.  All work done by a repairperson, including all warranty work,
shall be recorded on an invoice and shall describe all work done and
parts supplied.
   Work and parts shall be listed separately on the invoice, which
shall also state separately the subtotal prices for work and for
parts, not including sales tax, and shall state separately the sales
tax, if any, applicable to each.
   If any used, rebuilt, or reconditioned parts are supplied, the
invoice shall clearly state that fact. If a part of a component
system is composed of new and used, rebuilt, or reconditioned parts,
the invoice shall clearly state that fact.
   One copy of the invoice shall be given to the customer and one
copy shall be retained by the repairperson.



9796.  The invoice shall show the repairperson's business name and
address.
   If the repairperson's telephone number is on the invoice, it shall
be the telephone number that appears in any advertisement or on an
advertising sign, and shall be the same number as that listed for the
repairperson's firm name and address in the telephone directory, or
on the telephone company records if the number is assigned to the
repairperson subsequent to the publication of the telephone
directory.



9797.  Notwithstanding any provision to the contrary, upon
authorization from the customer as to a specific job, a repairperson
may work on an aircraft on a time and materials basis.



9798.  (a) Sections 9793, 9794, 9795, and 9796 of this chapter shall
not apply to services provided to a general aviation aircraft in
distress which is in need of immediate work critical to its
preservation and safety, for which consent cannot be expeditiously
obtained. In all such instances, the work performed shall be done on
a time and material basis, notwithstanding the absence of consent by
the customer.
   (b) In all instances in which the provisions of subdivision (a)
are applicable, Sections 9798.1, 9798.2, 9798.3, and 9798.4 shall
also be applicable.



9798.1.  (a) Subject to the provisions set forth in this chapter,
each repairperson shall have a special lien pursuant to Sections 2872
and 2875 of the Civil Code, upon the civil aircraft, engine, or
aircraft appliance upon which the repairperson has bestowed labor or
furnished material. The special lien shall be in an amount equal to
the agreed upon value of the labor and material furnished, or in the
absence of any agreement, for the reasonable value thereof.
   (b) The statutory lien created pursuant to subdivision (a) is
applicable to any civil aircraft engine, aircraft propeller, or
aircraft appliance which is capable of having the ownership, or an
interest in the ownership, affected by a conveyance, recorded at the
FAA Aircraft Registry.
   (c) The statutory lien created pursuant to subdivision (a) is not
dependent upon possession by the repairperson of the property which
is subject to the lien.
   (d) The statutory lien created pursuant to subdivision (a) is
dependent upon the recordation of the lien at the FAA Aircraft
Registry in accordance with Section 9798.2.
   (e) The statutory lien created pursuant to subdivision (a) is
created by written contract between the parties but only if the
written contract is signed by the customer, and predates the
commencement of work for which the lien is applicable.
   (f) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Section 3051 of
the Civil Code if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (g) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Chapter 5
(commencing with Section 1208.61) of Title 4 of Part 3 of the Code of
Civil Procedure if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (h) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson has complied with all provisions of
Sections 9793, 9794, 9795, 9796, 9797, and 9798.
   (i) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson complies with either of the
following:
   (1) The repairperson is insured pursuant to a policy of liability
insurance predating the commencement of work for which the lien is
applicable, which was applicable and in full force and effect, and
contained no policy defenses with respect to the work for which the
lien is applicable.
   (2) The repairperson is the duly authorized holder of a written
surety bond predating the commencement of the work for which the lien
is applicable, which obligates the surety to satisfy any and all
valid legal claims which may be asserted against the repairperson by
the customer in an amount up to and including the value of the
property to which the lien applies.
   (j) Any statutory lien pursuant to Section 3051 of the Civil Code,
and any statutory lien pursuant to Chapter 5 (commencing with
Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure,
and any lien created by the written agreement of the parties
pursuant to Section 2884 of the Civil Code, in addition to being
dependent upon possession, shall be subject to the applicability of
the Commercial Code and "financing statements" as described in
Division 9 (commencing with Section 9101) of the Commercial Code may
be filed in accordance with the provisions of the Commercial Code.




9798.2.  (a) The statutory lien created pursuant to subdivision (a)
of Section 9798.1 is not valid unless and until it is recorded with
the FAA Aircraft Registry in the manner and in the form generally
required for the "Recording of Aircraft Titles and Security Documents"
pursuant to Part 49 of Title 14 of the Code of Federal Regulations.
   (b) In addition to any requirements set forth in Part 49 of Title
14 of the Code of Federal Regulations, the statutory lien created
pursuant to subdivision (a) of Section 9798.1 is valid upon
recordation by the FAA Aircraft Registry of a written document
entitled "NOTICE OF LIEN (PURSUANT TO CHAPTER 19.5 OF THE CALIFORNIA
BUSINESS AND PROFESSIONS CODE)." This document shall be:
   (1) Signed by the repairperson or by a duly authorized agent or
attorney of the repairperson.
   (2) Verified by the person signing the notice of lien upon that
person's personal knowledge of the matters stated in the notice of
lien, and which shall affirmatively state: "Except as to those
matters asserted as being upon my information and belief, I declare
under penalty of perjury in accordance with the laws of the State of
California and of the laws of the United States of America that the
matters stated herein are true and correct; and, as to those matters
asserted as being upon my information and belief, I declare under
penalty of perjury in accordance with the laws of the State of
California and of the United States of America that, upon reasonable
inquiry, I honestly and genuinely believe these matters to be true as
stated."
   (3) Contain the date, time, and place of signing of the notice of
lien.
   (c) The notice of lien referred to in subdivision (b) shall
contain the following information:
   (1) The United States Registration Number, make, model, and serial
number of the aircraft subject to the lien.
   (2) The name of the manufacturer, the model, and the serial number
of all applicable engines, propellers, or appliances subject to the
lien, to the extent they are not otherwise identifiable merely by
reference to the Aircraft Registration Number.
   (3) The name, address, and business telephone number of the
repairperson asserting the lien.
   (4) The name, address, and business telephone number of the
registered owner of the civil aircraft or other property subject to
the lien.
   (5) The name, address, and business telephone number of the person
consenting to the performance of the work giving rise to the lien.
   (6) The amount of the lien, exclusive of prospective storage
costs.
   (7) A narrative statement describing the nature of the work
accomplished.
   (8) The affirmative statement that a copy of the notice of lien is
concurrently being sent by United States mail, certified, return
receipt requested with postage fully prepaid thereon, or by other
comparable or more expeditious delivery services, to both the
registered owner and to the person consenting to the work.
   (9) The date of last services or materials provided.
   (d) No notice of lien pursuant to subdivision (b) is valid unless
it is presented for recording at the FAA Registry within 180 days of
the completion of the work giving rise to the lien.



9798.3.  (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.



9798.4.  (a) The priority of liens set forth in this section
supersedes the priority otherwise set forth in Section 2897 of the
Civil Code.
   (b) The time of creation of the lien shall be the time that the
FAA Aircraft Registry actually records the notice of lien described
in Section 9798.2.
   (c) With respect to the subcategory of "repairpersons" as
described in Section 9790, as between lien claimants of equal
subcategory, different liens upon the same property have priority
according to the time of their creation.
   (d) With respect to the subcategories of "repairperson" as
described in Section 9790 as between different liens upon the same
property which are created within 30 days of one another:
   (1) The lien of a certificated repair station has priority over
the liens of all other repairpersons.
   (2) The lien of a certificated mechanic has priority over the
liens of all other repairpersons other than certificated repair
stations.
   (3) The liens of a fixed-base operator have priority over all
other repairpersons other than certificated repair stations and
certificated mechanics.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 9790-9798.4

BUSINESS AND PROFESSIONS CODE
SECTION 9790-9798.4



9790.  As used in this chapter, the following definitions apply:
   (a) To the extent applicable, the definitions which are now or may
hereafter be set forth in Section 1301 of Title 49 of the United
States Code are incorporated herein by reference.
   (b) To the extent applicable, the definitions which are now or may
hereafter be set forth in Sections 1.1, and 1.2 of Part 1 of Title
14 of the Code of Federal Regulations, are incorporated herein by
reference.
   (c) To the extent applicable, the definitions which are now or may
hereafter be set forth in Chapter 2 (commencing with Section 1201)
of Division 1 of the Commercial Code are incorporated herein by
reference.
   (d) "General aviation" means all aviation with the exception of
air carrier and military aviation.
   (e) "Repairperson" means any person engaged in the business of
repairing general aviation aircraft.
   (f) "Customer" means any person who requests a repairperson to do
work on a general aviation aircraft which is in the possession of
that person.
   (g) "Certificated repair station" means a person or business
entity which is the duly authorized holder of a Federal Aviation
Administration certificated repair station designation pursuant to
the provisions of Part 145 of Title 14 of the Code of Federal
Regulations. A certificated repair station is a subcategory of a
"repairperson."
   (h) "Certificated mechanic" means an individual person who is the
duly authorized holder of a Federal Aviation Administration Mechanic
Certificate, with either an "Airframe," a "Powerplant," or an
"Inspection Authorization" rating, which has been issued to that
person pursuant to the provisions of Part 65 of Title 14 of the Code
of Federal Regulations. A certificated mechanic is a subcategory of a
"repairperson."
   (i) "Fixed base operator" means a person or business entity which
is the duly authorized holder of a business license issued by all
applicable state or local governmental entities, to engage in the
business of providing fuel, oil, storage, parking, cleaning, and
other products and services for use in general aviation aircraft, or
by customers utilizing general aviation aircraft. A fixed-base
operator is a subcategory of a "repairperson."
   (j) A "noncertificated repairperson" means a repairperson that is
not a certificated repair station, a certificated mechanic, nor a
fixed-base operator. A noncertificated repairperson is a subcategory
of a "repairperson."
   (k) The "FAA Aircraft Registry" means that particular system for
the recording of conveyances and other documents which affect the
title to, or any interest in, civil aircraft of the United States,
which was originally created pursuant to Section 503 of the Federal
Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the
United States Code and which is more specifically identified in
Section 49.11 of Title 14 of the Code of Federal Regulations as:
                              FAA Aircraft Registry
                        Department of Transportation
                               P.O. Box 25504
                          Oklahoma City, OK 73125
                      or delivered to the Registry at:
                       6500 South MacArthur Boulevard
                           Oklahoma City, OK 73169




9791.  This chapter applies only to work done on a general aviation
aircraft with either an estimated cost or an actual cost of one
hundred dollars ($100) or more.



9792.  (a) It is the public policy of this state that parties to all
business transactions, including those transactions which are the
subject of this chapter, exhibit mutual financial responsibility with
respect to one another. Accordingly, the existence of liens, the
concurrence of liens, and the priorities of liens subject to this
chapter are determined so as to implement this public policy.
   (b) In addition, it is the public policy of this state that all
persons engaged in the business of aviation be subject to the highest
level of certification by the Federal Aviation Administration of the
United States of America (hereafter "the FAA") available to those
persons, and further, that these certificated persons be subject to
the highest level of FAA surveillance activities and enforcement
proceedings. This certification and surveillance contributes
substantially towards the protection of the public by attempting to
assure continued and ongoing compliance with all applicable FAA
standards and certification criteria. Accordingly, the existence of
liens, concurrence of liens, and priorities of liens as set forth in
this chapter are determined so as to implement this public policy.




9793.  No repairperson shall commence work for compensation without
specific authorization from the customer or his or her agent, in
accordance with all of the following requirements:
   (a) The repairperson shall give to the customer either of the
following:
   (1) A written estimated price for labor and parts for a specific
job.
   (2) A written estimate of the maximum cost for a specific job that
does not differentiate between labor and parts, but which shall not
be exceeded by the actual cost of the job, including labor and parts.
   No work shall be done or parts supplied in excess of, or different
from, the original written estimate without the separate oral or
written consent of the customer. If the consent is oral, the
repairperson shall make a notation on the work order and on the
invoice of the date, time, name of person authorizing the additional
work or change in work, and the telephone number called, if any,
together with a specification of the additional parts and labor and
the total additional cost.
   (b) If it is necessary to disassemble a general aviation aircraft
or its component in order to prepare a written estimated price for
required work, the repairperson shall first give the customer a
written estimated price for the disassembly and reassembly. The
estimate shall also include the cost of parts and necessary labor to
replace items such as gaskets and seals that are normally destroyed
by disassembling the component. If the disassembling might prevent
the restoration of the component to its former condition, the
repairperson shall write that information on the work order
containing the estimate before the work order is signed by the
customer.
   The repairperson shall inform the customer orally, and
conspicuously in writing on the work order, of the maximum time it
will take the repairperson to reassemble the aircraft or its
component if the customer elects not to proceed with the work. The
repairperson shall not charge the customer for more time than the
specified maximum time if the customer elects not to proceed with the
work.



9794.  Any repairperson who gives an original estimate in good
faith, shall not be obligated to complete a job within the quoted or
written estimated price if additional, unforeseen work is necessary
to complete the job and the customer refuses to consent to payment
for the cost of that additional work.



9795.  All work done by a repairperson, including all warranty work,
shall be recorded on an invoice and shall describe all work done and
parts supplied.
   Work and parts shall be listed separately on the invoice, which
shall also state separately the subtotal prices for work and for
parts, not including sales tax, and shall state separately the sales
tax, if any, applicable to each.
   If any used, rebuilt, or reconditioned parts are supplied, the
invoice shall clearly state that fact. If a part of a component
system is composed of new and used, rebuilt, or reconditioned parts,
the invoice shall clearly state that fact.
   One copy of the invoice shall be given to the customer and one
copy shall be retained by the repairperson.



9796.  The invoice shall show the repairperson's business name and
address.
   If the repairperson's telephone number is on the invoice, it shall
be the telephone number that appears in any advertisement or on an
advertising sign, and shall be the same number as that listed for the
repairperson's firm name and address in the telephone directory, or
on the telephone company records if the number is assigned to the
repairperson subsequent to the publication of the telephone
directory.



9797.  Notwithstanding any provision to the contrary, upon
authorization from the customer as to a specific job, a repairperson
may work on an aircraft on a time and materials basis.



9798.  (a) Sections 9793, 9794, 9795, and 9796 of this chapter shall
not apply to services provided to a general aviation aircraft in
distress which is in need of immediate work critical to its
preservation and safety, for which consent cannot be expeditiously
obtained. In all such instances, the work performed shall be done on
a time and material basis, notwithstanding the absence of consent by
the customer.
   (b) In all instances in which the provisions of subdivision (a)
are applicable, Sections 9798.1, 9798.2, 9798.3, and 9798.4 shall
also be applicable.



9798.1.  (a) Subject to the provisions set forth in this chapter,
each repairperson shall have a special lien pursuant to Sections 2872
and 2875 of the Civil Code, upon the civil aircraft, engine, or
aircraft appliance upon which the repairperson has bestowed labor or
furnished material. The special lien shall be in an amount equal to
the agreed upon value of the labor and material furnished, or in the
absence of any agreement, for the reasonable value thereof.
   (b) The statutory lien created pursuant to subdivision (a) is
applicable to any civil aircraft engine, aircraft propeller, or
aircraft appliance which is capable of having the ownership, or an
interest in the ownership, affected by a conveyance, recorded at the
FAA Aircraft Registry.
   (c) The statutory lien created pursuant to subdivision (a) is not
dependent upon possession by the repairperson of the property which
is subject to the lien.
   (d) The statutory lien created pursuant to subdivision (a) is
dependent upon the recordation of the lien at the FAA Aircraft
Registry in accordance with Section 9798.2.
   (e) The statutory lien created pursuant to subdivision (a) is
created by written contract between the parties but only if the
written contract is signed by the customer, and predates the
commencement of work for which the lien is applicable.
   (f) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Section 3051 of
the Civil Code if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (g) The statutory lien created pursuant to subdivision (a) is in
addition to the statutory lien created pursuant to Chapter 5
(commencing with Section 1208.61) of Title 4 of Part 3 of the Code of
Civil Procedure if:
   (1) The repairperson is a certificated repair station.
   (2) The repairperson is a certificated mechanic.
   (3) The repairperson is a fixed-base operator.
   (h) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson has complied with all provisions of
Sections 9793, 9794, 9795, 9796, 9797, and 9798.
   (i) The statutory lien created pursuant to subdivision (a) shall
not exist unless the repairperson complies with either of the
following:
   (1) The repairperson is insured pursuant to a policy of liability
insurance predating the commencement of work for which the lien is
applicable, which was applicable and in full force and effect, and
contained no policy defenses with respect to the work for which the
lien is applicable.
   (2) The repairperson is the duly authorized holder of a written
surety bond predating the commencement of the work for which the lien
is applicable, which obligates the surety to satisfy any and all
valid legal claims which may be asserted against the repairperson by
the customer in an amount up to and including the value of the
property to which the lien applies.
   (j) Any statutory lien pursuant to Section 3051 of the Civil Code,
and any statutory lien pursuant to Chapter 5 (commencing with
Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure,
and any lien created by the written agreement of the parties
pursuant to Section 2884 of the Civil Code, in addition to being
dependent upon possession, shall be subject to the applicability of
the Commercial Code and "financing statements" as described in
Division 9 (commencing with Section 9101) of the Commercial Code may
be filed in accordance with the provisions of the Commercial Code.




9798.2.  (a) The statutory lien created pursuant to subdivision (a)
of Section 9798.1 is not valid unless and until it is recorded with
the FAA Aircraft Registry in the manner and in the form generally
required for the "Recording of Aircraft Titles and Security Documents"
pursuant to Part 49 of Title 14 of the Code of Federal Regulations.
   (b) In addition to any requirements set forth in Part 49 of Title
14 of the Code of Federal Regulations, the statutory lien created
pursuant to subdivision (a) of Section 9798.1 is valid upon
recordation by the FAA Aircraft Registry of a written document
entitled "NOTICE OF LIEN (PURSUANT TO CHAPTER 19.5 OF THE CALIFORNIA
BUSINESS AND PROFESSIONS CODE)." This document shall be:
   (1) Signed by the repairperson or by a duly authorized agent or
attorney of the repairperson.
   (2) Verified by the person signing the notice of lien upon that
person's personal knowledge of the matters stated in the notice of
lien, and which shall affirmatively state: "Except as to those
matters asserted as being upon my information and belief, I declare
under penalty of perjury in accordance with the laws of the State of
California and of the laws of the United States of America that the
matters stated herein are true and correct; and, as to those matters
asserted as being upon my information and belief, I declare under
penalty of perjury in accordance with the laws of the State of
California and of the United States of America that, upon reasonable
inquiry, I honestly and genuinely believe these matters to be true as
stated."
   (3) Contain the date, time, and place of signing of the notice of
lien.
   (c) The notice of lien referred to in subdivision (b) shall
contain the following information:
   (1) The United States Registration Number, make, model, and serial
number of the aircraft subject to the lien.
   (2) The name of the manufacturer, the model, and the serial number
of all applicable engines, propellers, or appliances subject to the
lien, to the extent they are not otherwise identifiable merely by
reference to the Aircraft Registration Number.
   (3) The name, address, and business telephone number of the
repairperson asserting the lien.
   (4) The name, address, and business telephone number of the
registered owner of the civil aircraft or other property subject to
the lien.
   (5) The name, address, and business telephone number of the person
consenting to the performance of the work giving rise to the lien.
   (6) The amount of the lien, exclusive of prospective storage
costs.
   (7) A narrative statement describing the nature of the work
accomplished.
   (8) The affirmative statement that a copy of the notice of lien is
concurrently being sent by United States mail, certified, return
receipt requested with postage fully prepaid thereon, or by other
comparable or more expeditious delivery services, to both the
registered owner and to the person consenting to the work.
   (9) The date of last services or materials provided.
   (d) No notice of lien pursuant to subdivision (b) is valid unless
it is presented for recording at the FAA Registry within 180 days of
the completion of the work giving rise to the lien.



9798.3.  (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.



9798.4.  (a) The priority of liens set forth in this section
supersedes the priority otherwise set forth in Section 2897 of the
Civil Code.
   (b) The time of creation of the lien shall be the time that the
FAA Aircraft Registry actually records the notice of lien described
in Section 9798.2.
   (c) With respect to the subcategory of "repairpersons" as
described in Section 9790, as between lien claimants of equal
subcategory, different liens upon the same property have priority
according to the time of their creation.
   (d) With respect to the subcategories of "repairperson" as
described in Section 9790 as between different liens upon the same
property which are created within 30 days of one another:
   (1) The lien of a certificated repair station has priority over
the liens of all other repairpersons.
   (2) The lien of a certificated mechanic has priority over the
liens of all other repairpersons other than certificated repair
stations.
   (3) The liens of a fixed-base operator have priority over all
other repairpersons other than certificated repair stations and
certificated mechanics.