McDonald
McDonald v. Superior Court
Opinion
Opinion
Tratnor, J.
Petitioner, a resident of Oregon, is in the business of renting trucks and trailers to members of the public. Many of his vehicles are stationed and registered in California and rented to the public from depots maintained by petitioner’s agents in this state. Plaintiff or his son-in-law rented one of petitioner’s trucks from his agents in Redwood City to transport a load of furniture to their home in San Francisco. While plaintiff was unloading the truck, which was parked partially on the street and partially on the sidewalk, he was injured when a rack on the truck broke away from its supports. Plaintiff and his wife brought an action for damages against petitioner and his agents, alleging that his injuries were caused by a defective condition of the truck and that petitioner or his agents were negligent in maintaining the truck and in renting it for immediate use in a defective condition. Petitioner was served as a nonresident pursuant to the provisions of section 404 of the Vehicle Code, and he appeared specially to challenge the jurisdiction of the trial court. That court determined that the service was valid, and petitioner then filed this petition for a writ of…