Scoggins v. Kristoff

Opinion

HASTINGS, J. On March 26, 1975, defendant Joseph E. Kristoff (Kristoff) sold his 1968 Ford passenger car to defendant Thomas Francis Rafferty (Rafferty). Both parties testified that the car registration and the certificate of ownership were properly endorsed and delivered along with the car to Rafferty on that date, thus complying with Vehicle Code section 5602, subdivision (a).1

On April 12, 1975, plaintiff Roger Eldon Scoggins suffered injuries when his motorcycle was negligently rear-ended by Rafferty while he was driving the 1968 Ford. Rafferty admitted his liability for the occurrence and is not a party to the appeal.

[774]Plaintiff seeks liability against Kristoff on the theory that he was the imputed owner of the vehicle on the day of the accident and liable under Vehicle Code section 17150.2 It is plaintiff’s contention that the sale of the car by Kristoff to Rafferty had not been consummated because on the date of the accident there had been no compliance by Kristoff to Vehicle Code section 24007, subdivision (b)3 requiring that a “smog device” had to be added to the motor vehicle before the sale was complete.4

At trial plaintiff proposed jury instructions to support his theory but the court instructed the jury that if Kristoff had transferred the possession of the vehicle with the registration certificate and certificate of ownership properly endorsed according to section 5602, subdivision (a) that he was absolved of liability. The juiy so found and this appeal followed.

Discussion

Plaintiff is relying on the technical wording of section 24007, subdivision (b)5 which stated in pertinent part: “No person shall sell a new or used motor vehicle . . . [which does not have a ‘NOX device’ installed if it is a car such as a 1968 Ford such as involved in the subject accident].”6 Plaintiff argues that section 5602, subdivision (a) states that the certificate of ownership and registration must be delivered “as provided in this code,” therefore, no sale is complete until the seller has complied with section 24007, subdivision (b), inasmuch as it is a part of “this code.” Plaintiff places great emphasis on the fact that the “smog control” [775]