Willard H. George, Ltd. v. Barnett

SHAW, P. J.

This is an appeal by the plaintiff from a judgment given under section 689 of the Code of Civil Procedure in favor of the third party claimant after a levy of execution. The property levied upon, a 1942 model automobile, was bought from a dealer in November, 1941, on a conditional sale contract, was then registered with the State Vehicle Department in the name of the claimant’s mother, who is the defendant against whom the execution runs, and remained so registered at the time of the levy.

The plaintiff contends that the registration of the automobile as above stated makes it subject to the levy, either because

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the claimant did not obtain a transfer of the car and its registration to her in the manner provided by the Vehicle Code, section 186, or because the registration of the car to her mother instead of herself was not in conformity to the Vehicle Code provisions regarding new registrations and was therefore void.

Section 175 of the Vehicle Code, which provides how a transfer of a registered vehicle shall be made, and section 186 which declares such a transfer ineffective unless made and completed by a change of registration in the manner so provided, are limited by their own terms to vehicles registered under the Vehicle Code. They do not apply at all to a vehicle not so registered, and there is no provision of the Vehicle Code which applies to or limits the acquisition or transfer of ownership in a new, unregistered vehicle until it is driven or moved upon a highway with some part of it in contact with the highway. Sections 140 and 141 of the Vehicle Code, which provide for and require the original registration of motor vehicles, do not operate upon a vehicle unless it is so driven or moved. Prior to that time the same rules apply as in case of other personal property generally.

In this case it does not definitely appear from the record that the automobile was new and unregistered at the time of its purchase, although it is quite likely that a 1942 model car bought in November, 1941, was then in that condition. However, the parties agree here that the automobile was in that condition when bought, so we accept this as one of the facts of the case. It further appears that the conditional sale contract was signed by the defendant in claimant’s presence, and that with claimant’s knowledge and consent the car was registered in the name of defendant as owner and Universal Credit Company as legal owner, but this was done as a matter of convenience, and claimant made all payments upon the purchase price of the car, regarded it as hers and had no intention of making a gift of it to defendant. The testimony showing these facts was accepted by the trial court as true and we are bound by its decision.