Coca Cola Bottling Co. v. Feliciano

McCOMB, J.

This is an appeal by third party claimant from a judgment of the trial court based on findings that four automobile trucks (Engine No. 18261-4272, Engine No. DMV 20774, Engine No. B.B. 18-2740913, and Engine No. T 61-82405) were the property of Frank Feliciano and not of appellant.

March 24, 1938, a jury returned a verdict in favor of respondent and against Frank Feliciano for the sum of $7,435.20. Judgment was entered the same day and a revised judgment entered March 31, 1938. At the time of the verdict Frank Feliciano was a wholesale and retail beverage merchant in San Luis Obispo, California, and he owned and used in his business the four automobile trucks above mentioned.

March 28, 1938, E. R. Lewis, a W. P. A. worker of San Luis Obispo, California, Francis D. Feliciano, the son of Frank Feliciano, the judgment debtor above mentioned, and B. Hollingshead duly incorporated appellant (Frank Feliciano Beverage Company, Inc.) pursuant to the laws of the State of California. March 29, 1938, Frank Feliciano attempted to transfer to appellant all of his stock in trade, his delivery trucks (including those mentioned above), tools, and other store equipment used by him in the conduct of his wholesale and retail beverage business. The consideration for this transfer was a note of appellant in the sum of $2,000 payable two years after date. March 30, 1938, appellant caused to be mailed to the division of registration of the department of motor vehicles, Sacramento, California, duly executed, the pink slips for the trucks above referred to and requested that new certificates be issued showing the title in appellant. This was never done. April 8, 1938, respondent had issued a writ of execution upon the trucks and appellant filed this third party claim, which resulted in the judgment here appealed from.

This is the sole question necessary for us to determine:

Did title to the automobile trucks here in question pa,ss to appellant from Frank Feliciano prior to the transfer of registration and issuance of a new certificate of ownership aAid

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registration card covering said trucks by the department of motor vehicles?

This question must be answered in the negative. The law is clear in California that no title or interest in a motor vehicle registered pursuant to the provisions of the California Vehicle Code passes until transfer of registration of such vehicle is made by the department of motor vehicles and said department has issued a new certificate and registration card with respect to the vehicle.