20 • Jan. 29 - Feb. 11, 2016 • The Log


thelog.com


Catalina Medical Foundation’s Evening with Oscar


Catalina Island Medical Center Foundation to host gala Oscar Night event.


AVALON — The Catalina Island Medical Center (CIMC) Foundation will roll out the red carpet at Catalina Island Yacht Club on Oscar Night. An Evening with Oscar, scheduled


for Feb. 27, will feature a silent auction, an opportunity drawing and a chance to predict the winners and win prizes.


Attorney From page 6


legal significance, the lien itself is a powerful legal device. When a mar- itime lien is established, the lienholder may file a lawsuit in federal court to foreclose on the vessel and collect the funds that are owed to him, subject to


Several televisions will be available for viewing the awards telecast. Appetizers, a carving station and a chocolate fountain will be available throughout the night. “The CIMC Foundation Board of


Directors is looking forward to this outstanding evening of fun and cele- bration with the Oscar winners,” said foundation president Carol Reynolds. “Through the generosity of those who join us and our many donors, we are able to provide support for the medical


any defenses asserted by the boat owner. No recording is necessary, and the lawsuit may be initiated as a “sneak attack” to prevent the boat from running away before things are resolved. Unfortunately, this type of lawsuit is usually very expensive. It requires the boat to be taken into cus- tody by the U.S. Marshals at the begin-


center as it cares for our island community and overtown visi- tors.” Funds raised at the event will be used to improve the health of the community. Thanks to the foundation, Catalina Island Medical Center was recently able to purchase a bone density scanner for diagnosing osteo- porosis. Future plans include purchasing new X-ray equip- ment for the radiology depart- ment. “The support of the Catalina


Island Medical Center Foundation has been essential to our efforts to offer new services and better meet the needs of our community,” said Bryan Ballard, medical center CEO. “An Evening with Oscar is going to be a wonderful event and I’m look-


ning of the lawsuit and then turned over to a commercial custodian. The legal fees, court costs, and custodial fees may easily exceed the amount of a claim.


Get 2 years FREE


Sea Magazine covers boating in the West like no other publica- tion. Every issue is filled with expert advice on maintenance, performance and DIY project ideas. You’ll also discover the best anchorages — along with the West’s largest brokerage section, listing new and used boats for sale.


36 total issues only $15.97


(Save $163.67 off the newsstand price) Subscribe at: seamagazine.com


Or buy a copy at your local Southern California West Marine store. When you buy a 1-year subscription


Looking at our reader’s claim, he will be deemed to have a maritime lien without recording anything, but only if his boat-owner brother did in fact breach their agreement. This will be difficult because of the vague nature of their agreement. His brother promised to bring the boat to Morro Bay, which inferred certain things to our reader and his wife. But those inferences may have been too ambiguous to translate into an agreement to form a boat part- nership. Notwithstanding the ambiguity of


their agreement, our reader is entitled to some form of compensation in exchange for his services and the money that he spent on the repair parts. His brother asked him to repair the engine, and he did repair the engine. The amount of that compensa- tion will be difficult to determine, but a reasonable fee for the repair may be established by comparing the work to prevailing rates for engine repair in the community. Our reader therefore has a maritime lien, but it arose from the repair of an engine on a sailboat. The amount of that claim, while significant to our reader, will probably be less than the cost of a lawsuit in Federal Court to foreclose on a maritime lien. It most likely will not make economic sense to initiate that lawsuit. So what can he do?


Under these circumstances, where a


service provider has a valid but rela- tively small claim against a boat, the most logical solution is usually to ignore the maritime lien. Since the lien arose from a breach of contract, a law- suit may be filed in state court, even though the contract involves a boat. The legal fees and costs for a simple breach of contract lawsuit will be a lot


ing forward to joining the community in sup- port of the foundation.” Tickets are available in


several categories. The Presenter category, which is $50, includes admission for one and an Oscar ballot. The Actor category is $125 and includes two ballots. The Director level, which includes admis- sion for two and four ballots, is $250. The Producer level, at $500,


includes admission for four and eight ballots. Tickets must be purchased in


advance. For more information or to order tickets, call Michelle Jaeger at 310-510-0700, ext. 21.


less than a federal court lawsuit to foreclose on a maritime lien. And for our reader, the claim may be small enough to allow him to file suit in small claims court. If successful, the lawsuit will lead to a judgment that may be enforced against any of the boat owner’s property, including the boat. The only real difference with this strategy is that the boat will not be seized by the court until after the con- clusion of the lawsuit. A leading Admiralty Law Treatise once advised that “a lien is a lien is a lien, but a maritime lien is not.” This is a very specialized area of the law, so contact an experienced maritime attorney if you are confronted with this type of dispute.


David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situa- tions are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular sit- uation. Therefore, the information pro- vided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opin- ion of an attorney in their home state.


David Weil is the managing attorney at Weil & Associates (weilmaritime.com) in Long Beach. He is an adjunct profes- sor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is former legal coun- sel to the California Yacht Brokers Association. If you have a maritime law question for Weil, he can be contacted at 562-438-8149 or at dweil@weilmar- itime.com.


Ask your question online at thelog.com.


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48