Sun Harbor Marina, Inc. v. Sellick

COUGHLIN, J. Defendant appeals from a judgment in favor of plaintiff quieting title to a vessel and denying him relief on a cross-complaint.

Plaintiff's title to the vessel is premised upon a sale foreclosing a possessory lien for storage charges. Defendant, as owner of the vessel, caused it to be stored in a slip at plaintiff’s place of business in San Diego. While the vessel was in storage defendant sold it, under a conditional sales contract, to people named Potter. The latter continued the vessel in storage; paid the charges therefor up to April 12, 1963; and did not pay the charges incurred thereafter. Plaintiff claimed a possessory lien upon the vessel for unpaid storage charges ; in November 1964 made a demand in writing upon the purchaser and defendant for payment thereof; and on December 28, 1964, following notice of sale in the manner prescribed by former Civil Code section 1858.56,1 caused the vessel to be sold at public auction in satisfaction of its lien. Plaintiff purchased the vessel at the sale, and brought the instant action to quiet title thereto. Defendant answered, and filed a cross-complaint charging plaintiff with conversion.

On appeal defendant advances many contentions; attacks the jurisdiction of the trial court; claims plaintiff, for a number of reasons, did not have the lien asserted by it or the right to foreclose such in the manner undertaken; and objects to rulings and conduct of the trial court in the course of the trial.

In this opinion it will be assumed, there being no contention to the contrary, the ease is one of admiralty or maritime jurisdiction. Defendant contends any lien on the vessel for storage was a maritime lien; the only method of foreclosing such was by a proceeding in a federal court; the state procedure employed to foreclose plaintiff’s claimed lien was ineffective; and the state court did not have jurisdiction of the instant action which, he claims, effected transfer of the title to the vessel to plaintiff. These contentions are without merit.

Under existing federal statute the district courts of the United States have original jurisdiction, exclusive of the state courts, of any “civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to [284]which they are otherwise entitled. ’’ (28 U.S.C., § 1333.) The exception from exclusive federal jurisdiction includes remedies through court proceedings (Madruga v. Superior Court, 40 Cal.2d 65, 67-69 [251 P.2d 1]), and remedies in pais. (Red Cross Line v. Atlantic Fruit Co., 264 U.S. 109, 123 [68 L.Ed. 582, 586, 44 S.Ct. 274].) Where a remedy is available in both a state court and a federal court jurisdiction is concurrent. (Madruga v. Superior Court, supra, 40 Cal.2d 65, 67-69; Moore v. Purse Seine Net, 18 Cal.2d 835, 837 [118 P.2d 1].) The saving clause in the current statute, i.e., 28 U.S.C., section 1333, is broader than the saving clauses in similar preexisting statutes, i.e., the Judicature Act of 1789 (1 Stat. 76, ch. 20, § 9), and reenacting provisions of the United States Code. (See 28 U.S.C., [1940 ed.] §§41, subd. 3, and 371, subd. 3.) The current saving clause excepts from federal jurisdiction “all other remedies,” whereas the former saving clauses excepted “the right of a common law remedy.” (Ibid.) The broadening effect of the change is noted in Madruga v. Superior Court, supra, 40 Cal.2d 65, 67-69.