The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.
Cal. Civ. Code § 2913
Extinction of Liens
Applied in 5 court decisions — leading case Arena v. Bank of Italy (1924)
Most recently applied in 189 Cal. App. 2d 824 - Jess H. Young & Son, Inc. v. Victory Tool & Die Co. (March 1961)
Amended by Stats. 1905, Ch. 459.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.