Rashtian
Rashtian v. Brac-BH, Inc.
Opinion
Opinion
Croskey, J.
This case was certified to us by the Appellate Department of the Superior Court of Los Angeles County and we ordered it transferred to this court for the purpose of settling an important question of law and securing uniformity of decision, in the trial courts, on that question. (Cal. Rules of Court, rule 63.) The issue we address here is whether Proposition 51 (Civ. Code, § 1431.1 et seq.), which was passed by the voters in 1986 and which modified the concept of joint and several liability, as applied to noneconomic damages in certain civil actions, is applicable to the liability which is imposed on the owner of a motor vehicle, under Vehicle Code section 17150, when an operator of that vehicle, who is using it with the owner’s implied or express permission, causes damages to another and the owner is without fault in the matter. We conclude that the provisions of Proposition 51 do not operate to reduce the liability of vehicle owners imposed by Vehicle Code section 17150. We therefore affirm the judgment of the trial court.
Procedural and Factual Background
In May 1990, plaintiff Morris Rashtian (plaintiff) filed an action in the Los Angeles Municipal Court for personal…