Laureano
Laureano v. Christensen
Opinion
Opinion
Elkington, J.
Plaintiffs, Edward L. Laureano and Lydia Laureano, appeal from a summary judgment in favor of defendant, George J. Christensen. Defendant was found not to be the owner of a certain motor vehicle under the owner’s liability statute, Vehicle Code section 17150 (hereafter all statutory references herein will be to that code).
The owner’s liability statute on which plaintiffs rely, Vehicle Code section 17150 (formerly § 402) provides: “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle, in the business of the owner or otherwise, by any person using or operating the same with the permission, express or implied, of the owner.”
Vehicle Code sections 4000 and 4150 provide that all motor vehicles and their ownership must be registered with the Department of Motor Vehicles.
Vehicle Code section 4450 provides that upon such registration the department shall issue a “certificate of ownership” to the owner of the motor vehicle.
A declaration of defendant Christensen filed in support of his motion for summary judgment alleged the following. He…