California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 3 — Deposit, Chapter 2 — Deposit for Keeping, Article 3 — Storage, Section 1857

If from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereon, he may cause such property to be sold, in open market, to satisfy his lien for storage; provided, that no property except perishable property shall be sold, under the provisions of this section, upon which storage charges shall not be due and unpaid for one year at the time of such sale.

All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed.

This Act shall take effect from and after its passage.

Notes

Allows a depositary for hire who, without lack of ordinary care and diligence, cannot deliver stored perishable property, baggage, or luggage or collect storage charges to sell the property in the open market to satisfy the storage lien. Prohibits sale of nonperishable property unless its storage charges have been due and unpaid for one year.

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