Hidalgo

Appellants brought suit for wrongful death and personal injuries resulting from an automobile accident. Defendant driver of the other vehicle, Larry Christensen, had traded his old car for the 1965 Lincoln Continental which was involved in the accident. The trade was not reported to the Department of Motor Vehicles. The former owner of the vehicle, Kevin Larson, had purchased the car from respondents for $100 and some stereo equipment. Respondents had signed and dated the pink slip and delivered it, the registration and the vehicle to Kevin Larson. Kevin Larson maintained that he had asked the Andersons to place the name of his father, Earl Larson, on the notice of transfer to the Department of Motor Vehicles because he was on welfare at the time and feared that if the welfare department knew that he had a Lincoln Continental “it just wouldn’t set.” Respondents did place the name Earl Larson on the notice but they insist that they were under the impression that “Earl” was Kevin’s given name.

Respondents moved for summary judgment on the ground that they had been relieved of liability by complying with the transfer provisions of Vehicle Code section 5602, subdivision (b).…