People v. One 1949 Cadillac 4-Door Sedan

DRAPEAU, J. On August 5, 1952, Jewell Chambers appeared at the used car lot of California Car Company. She said she wanted to buy an automobile. She looked over the [411]cars on the lot, and decided she would buy a 1949 Cadillac sedan. California Car Company was the registered and legal owner of the car.

The purchase price and monthly payments were agreed upon. The down payment was to be $800. Jewell Chambers said she had only $600 with her. California Car Company prepared a conditional sales contract, which was signed by both parties.

But Jewell Chambers did not give or use her right name. She said her name was Jackie Scott, and she signed that name as purchaser in the contract. She paid California Car Company $600, and was permitted to drive the automobile away. In the evening of that day a man who said he was her husband appeared at California Car Company’s lot, and signed the contract, using the name Henry Scott.

On August 7th one of California Car Company’s employees started looking for the Cadillac. He went to the address given by Jewell Chambers, but was told that Jackie Scott didn’t live there. Then he tried to find the Imperial Rubber Company at the address where Jewell Chambers said her husband worked. But there was no such company and no such place.

On the same day, August 7th, Jewell Chambers was arrested, transporting ten bindles of heroin in the Cadillac.

In accordance with the provisions of the Health and Safety Code, the attorney general began proceedings to forfeit the automobile to the state. California Car Company appeared as claimant, contested the proceedings, and now appeals from a judgment of the superior court forfeiting title.

California Car Company make no defense that a reasonable, or any, investigation of the purchaser was made. They base their defense solely upon the assertion that Jewell Chambers was not driving the automobile with their express or implied knowledge, permission, or consent. They say that it was agreed that the buyer could have the car to try it out, provided she returned it the next morning, and that it was the understanding of the parties that the sale would not be consummated until the balance of $200 was paid.

California Car Company argue, (a) that Jewell Chambers obtained possession of the car under false pretenses, and in violation of Penal Code, section 484; that, as a matter of law, she never was in lawful possession of the car; (b) assuming that she gained possession of the car lawfully, her possession became unlawful when she did not return it the following