Nuss v. Pacht

Opinion

LILLIE, J.

In August of 1967, while operating a motorcycle on a Los Angeles thoroughfare, plaintiff sustained personal injuries in an accident involving a pickup truck driven by Harry Hoffman. Previously, on February 10 of the same year, the truck had been sold to Hoffman by defendant Pacht who, at that time, furnished Hoffman with an endorsed, but admittedly, undated, certificate of ownership (§ 5602, subd. (a), Veh. Code); it is also undisputed that the Department of Motor Vehicles was not notified of the above transfer of title until after the accident. Judgment was entered for plaintiff against both Hoffman and Pacht, the damages as

[555]

sessed against Pacht being limited to $10,000, the then maximum amount assessable in his capacity as owner (Veh. Code, § 17151).

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The judgment recites that findings were not requested. Only Pacht appeals.

The sole question is whether Pacht’s failure to insert the date of sale on the certificate of ownership upon its delivery to Hoffman subjects him to liability under pertinent sections of the Vehicle Code; we conclude that it does for the following reasons.

Under then section 17150 (formerly § 402), liability was imputed to the owner of an automobile for the negligence of a person operating the vehicle. with the owner’s express or implied permission, although the theory of “imputed negligence” has since been dropped. When the car is sold, the ordinary seller (as distinguished from a dealer) may protect himself from the foregoing statutory liability either by immediately notifying the Department of Motor Vehicles (§ 5900) or by endorsement and delivery of the certificates of ownership and registration (§ 5602, subd. (a),

supra)

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to the buyer. Although section 5900 expressly provides that such notification shall include the date of the transfer or sale, there is no language in section 5602, subdivision (a), or section 5600 requiring that the endorsements be dated; similarly silent are sections 5750 and 5751 which prescribe the procedures for transfer by the legal and registered owner, respectively. In still another statute, however, there is a requirement of a date; thus, section 5753 in pertinent part provides that “It is unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of ownership and, when having possession, to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. . . .”