Section 1642 Of Article 2. Remedies For Nonpayment Of Rent From California Financial Code >> Division 1.1. >> Chapter 17. >> Article 2.
1642
. If the amount charged by a bank for the safekeeping or
storage of personal property is not paid within six months from the
day it is due, the bank, at any time thereafter and while such
charges remain unpaid, may mail a notice to the person in whose name
the receipt was issued, giving the amount then due for such
safekeeping or storage and stating that unless such amount and any
other charges accruing to the date of payment are paid, the bank will
sell such personal property at a time and place named therein, which
time shall be at least 30 days after the mailing of such notice. If
the amount specified in such notice and all other charges of the bank
and expenses of mailing and publishing notice of sale accruing to
time of payment are not paid, the bank may sell all or any portion of
such personal property at public sale at the time and place given in
such notice. Notice of the time and place of sale shall be published
once at least five days before the date of sale in a newspaper of
general circulation published in the county in which the sale is to
be held, or if no such newspaper is published in the county such
notice shall be posted in three public places in the county at least
five days before the date of sale. Such sale may be postponed from
time to time by public pronouncement at the time and place of sale.
The bank may include in the notice required to be mailed a statement
to the effect that if the amount due at that time is not paid at
least 10 days before the date set for the sale, it may cause any
container in which any of such personal property may be, to be opened
and the contents thereof to be sold at the time and place fixed for
the sale with or without such container, or the container may be sold
without the contents. If such statement is included in the notice,
the bank, at any time within 10 days before the date fixed for the
sale, may open any such container and remove the contents in the
presence of two employees of the bank, one of whom shall be an
officer thereof, both of whom shall make and sign an inventory of the
contents. Thereafter, on the day fixed for the sale, the contents
may be sold as a whole or separately and with or without the
container, or the container may be sold without the contents.