§ 3080.04. — 3080.04. (Added by Stats. 1979, Ch. 600.)

The notice of application and hearing shall inform the defendant of all of the following:
(a)
The date, time and place of the hearing on the application;
(b)
That the order will issue if the court finds, after hearing, that the lienholder has established the probable validity of the claim and has satisfied the other requirements set forth in this chapter;
(c)
The hearing is not held for the purpose of determining the actual validity of the claim which determination will be made
in other proceedings in the action and will not be affected by the findings made at the hearing on the application for the order;
(d)
If the order authorizing sale is issued, the lienholder may proceed to sell the livestock in the manner set forth in the order, and the sale proceeds will be deposited with the court pending judgment on the lienholder’s claim;
(e)
If the defendant desires to oppose the issuance of the order, the defendant must file with the court and serve on the lienholder a notice of opposition and supporting affidavit as required by Section 3080.05 no later than three days prior to the date set for hearing;
(f)
At the hearing, the court may deny the lienholder’s application if the defendant files an undertaking as set forth in Section 3080.11; and
(g)
The notice shall contain the following statement: “You may seek the advice of an attorney as to any matters concerning the lienholder’s complaint and application. If an attorney is to assist you, he or she should be consulted promptly. You or your attorney or both of you may be present at the hearing.”

Legislative History

Added by Stats. 1979, Ch. 600.