Jakubaitis

In this case of first impression, we consider whether Civil Code section 3051 or 3080 et seq. governs a dispute involving a veterinary lien for services rendered to a horse.

I

The facts are not in dispute. We therefore summarily discuss them as background for the underlying issue. In February 1994, a blood-bay horse, owned by Frank and Tara Jakubaitis, was admitted to Chino Valley Equine Hospital for emergency medical care. The horse, which was hospitalized through early March, was treated by Theodore Fischer, D.V.M., the hospital’s owner and primary veterinarian.

A letter sent at the time of discharge notified the Jukabaitises the horse would not be released until the outstanding bill of $9,751 was paid. Moreover, the letter informed them that failure to make payment within 10 days would result in the sale of the horse. (§§ 3051, 3052.)

Timely payment was not made, but the hospital’s attempt to sell the horse was unsuccessful. The bill remained unpaid and the horse stayed in Fischer’s possession. Finally, the Jakubaitises sued the hospital and Fischer, seeking injunctive relief and alleging conversion, claim and delivery and intentional/negligent infliction of…