Brown v. Fix

[811]

Opinion

HASTINGS, J.

Defendant Josephine Fix was granted a summary judgment against plaintiff Gloria Jean Brown. Plaintiff appeals the judgment.

The facts are as follows: Defendant alleged that on February 19, 1972, she signed, dated, and delivered to her daughter Karen Weaver Raph the certificate of ownership, the keys, and the possession of one 1969 Volkswagen with California license No. YZD 525. Edwin Gail Weaver, formerly married to defendant and father of Karen, alleged that on November 7, 1970, he had signed and delivered the same certificate of ownership, the registration, and the vehicle to Karen Weaver, now Raph. Both parties, whose names were on the certificate, had intended to make a gift of the vehicle to their daughter.

The certificate of ownership in question was not filed with the Department of Motor Vehicles until April 16, 1977. Apparently, none of the parties made any attempt to notify the Department of Motor Vehicles of a change of ownership.

On June 18, 1976, Karen, while driving the 1969 Volkswagen, became involved in an automobile accident. The only question on appeal is whether defendant Josephine Fix is liable for damages incurred during this accident.

It is clear from Vehicle Code section 17150 that a vehicle’s owner is ordinarily liable for personal injury or property damage resulting from the negligent or wrongful vehicular operation of another when that other person has received the owner’s permission to operate the car. According to the Department of Motor Vehicle records on June 18, 1976, defendant was the owner of the vehicle; however, from the uncontested evidence presented in the motion for summaiy judgment, it appears that Josephine Fix and her prior husband had transferred the ownership from themselves to their daughter by February 19, 1972.

Transfer of title to a vehicle is governed by the Vehicle Code

(Universal Underwriters Ins. Co.

v.

Aetna Ins. Co.,

249 Cal.App.2d 144, 148 [57 Cal.Rptr. 240];