Actions Against Vessels

Division 3, Chapter 2, Article 3 of the Harbors and Navigation Code deals with civil actions and liens against vessels in California. Section 490 provides that debts amounting to at least $50 that are contracted for the benefit of vessels are liens.

Actions for any of the causes specified in this article must be brought against the owners by name, if known, and the defendants must be designated as unknown owners. Other persons having a lien upon the vessel may be made defendants to the action.

Section 491 specifies that all vessels are liable for six specified items. Section 492 provides that the master of a vessel has a general lien, independent of possession, upon the vessel and freightage, for advances necessarily made or liability necessarily incurred by him for the benefit of the vessel.

Section 493 states that the mate and seamen of a vessel have a general lien, independent of possession, upon the vessel and freightage, for their wages, which is superior to every other lien.

Section 494 provides that the  cost of repairing or replacing any buoy or beacon which is maintained by authority of the United States Bureau of Lighthouses which may be misplaced, damaged, or destroyed by any vessel being made fast to it, is a lien upon the vessel, and is recoverable against it and its owner.

Section 495 specifies that, in any action brought pursuant to the provisions of this chapter, the complaint is required to designate the vessel by name, and be verified by the oath of the plaintiff, or someone on his behalf. The summons and copy of the complaint must be served on the owners if they can be found.

Section 495.1 allows the plaintiff, at the time of issuing the summons, to have the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, attached as security for the satisfaction of any judgment that may be recovered in the action. A writ of attachment may be issued.

Section 495.3 requires the writ to be directed to the sheriff of the county within which the vessel lies, and direct him or her to attach the vessel with its tackle, appurtenances, appliances, furnishings, and furniture, and keep it in his or her custody until discharged in due course of law.

Section 495.4 requires the sheriff or marshal to whom the writ is directed and delivered to execute it without delay, and attach and keep in his or her custody the vessel until discharged in due course of law.

Section 495.5 allows the owner. or the master agent, or consignee of the vessel, to appear and answer or plead to the action and may object to the undertaking filed on behalf of the plaintiff.

Section 495.6 allows, after the attachment is levied, the owner, or the master, agent, or consignee of the vessel, to have the attachment discharged, upon filing with the court, subject to an undertaking in an amount sufficient to satisfy the demand in the suit, besides costs. Upon receiving notice of the filing of the undertaking with the court, the sheriff or marshal is required to restore to the owner, or the master, agent, or consignee of the owner, the vessel attached.

Section 495.7 allows, after the appearance in the action of the owner, the attachment to be discharged in the same manner, and on like terms and conditions as attachments in other cases.

Section 495.8 provides that, if the attachment is not discharged, and a judgment is recovered in the action in favor of the plaintiff, the sheriff or marshal must sell at public auction, after publication of notice, the vessel, with its tackle, appurtenances, appliances, furnishings, and furniture, or interest as may be necessary, and must apply the proceeds of the sale as specified.

Section 495.9 states that any mariner, boatman, or other person employed in the service of the vessel attached, who may wish to assert his or her claim for wages against the vessel, the attachments being issued for other demands than those wages, may file an affidavit of his or her claim, setting forth the amount and the particular service rendered, with the clerk of the court.

Section 496 specifies that, if the claim of the mariner, boatman, or other person filed with the clerk of the court is not contested within five days after notice of the filing thereof, it is deemed admitted. If contested, the clerk must indorse upon the affidavit a statement that it is contested, and the grounds of the contest.

Section 497 provides that the notice of sale published by the sheriff or marshal must contain a statement of the measurement and tonnage of the vessel and a general description of her condition.