6-32/100.00 Preferred Labor Claims



Any miner, mechanic, salesman, servant, clerk, laborer or other person who has performed work or rendered personal services for the defendant within 90 days prior to the levy of any attachment or execution, not founded upon a claim for labor, may claim a preference of not exceeding $900. (CCP 1206)

A labor claimant requesting priority is the beneficiary of a special statutory privilege which must be strictly followed and have no superior rights to those of the plaintiff except that of first recourse to the moneys realized after deduction of costs incurred by the attaching creditor.  (Legg and Shaw v. Worthington, 157 C 488)

The right to priority of labor claims is purely statutory and may not be extended to claims other than those specified in CCP 1206.  (Steele v. International Air Race, 50 CA 2d 176)