Hirsch

Hirsch v. Department of Motor Vehicles

Good Law
115 Cal. Rptr. 452·1974 Cal. App. LEXIS 1221·42 Cal. App. 3d 252
Court of Appeal of CaliforniaOctober 1, 1974Civ. 43225California2,322 words

Opinion

Opinion

Lillie, J.

Plaintiff appeals from order of dismissal following sustaining of a demurrer without leave to amend.

The complaint, the allegations of which we accept as true for the purpose of this review (O’Keefe v. Atascadero County Sanitation Dist., 21 Cal.App.3d 719, 730 [ 98 Cal.Rptr. 878 ]; Kleiner v. Garrison, 82 Cal.App.2d 442, 447 [ 187 P.2d 57 ]; Mackay v. Clark Rig Bldg. Co., 5 Cal.App.2d 44, 55 [ 42 P.2d 341 ]), contains the following. On or about March 2, 1972, Stephen Sorenz presented to the Department of Motor Vehicles (Department) certain documents written entirely in German allegedly evidencing Sorenz’ ownership of and legal title to a 1971 Mercedes Benz automobile; the documents were insufficient to show that the auto was legally owned by Sorenz and “did not reasonably evidence legal title” in him, and were such as to reasonably put the Department on notice that his title was in doubt, but the Department issued to Sorenz a certificate of ownership showing him to be legal and registered owner of the vehicle and in so doing the Department was negligent and careless, and negligently and carelessly failed to comply with section 4307, Vehicle Code, and negligently and…

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