Avis Rent a Car System, Inc. v. Superior Court

Avis Rent A Car System, Inc. (Avis), is being sued by a motorist injured when her car was rammed by a stolen Avis vehicle being chased from the scene of a shoplifting. Avis’s liability is premised upon its failure to take adequate precautions to prevent theft of its vehicles. We conclude that the “special circumstances” doctrine arising from the California Supreme Court decision in Richards v. Stanley (1954) 43 Cal.2d 60, 65-66 [ 271 P.2d 23 ], the only plausible basis for Avis’s liability, does not stretch this far. We order issuance of a writ of mandate to compel the superior court to grant summary judgment for Avis.

Facts and Procedures

The facts and inferences most favorable to plaintiffs Julia and Fred Koch show that at its location at the San Francisco Airport, Avis leaves keys in rental cars for as long as 45 minutes during the check-in process. During this time they are moved around to be cleaned, washed, and refueled. When these procedures are completed, the cars are moved to storage lots, and the keys are removed. There is no fence or wall around the check-in lot and no guarded gate where cars leaving that lot may be examined. Although Avis does employ…