People Ex Rel. Department of Motor Vehicles v. Cars 4 Causes
Opinion
Opinion
Perren, J.
Appellants People of the State of California and Department of Motor Vehicles (DMV) filed a civil complaint against respondent Cars 4 Causes seeking monetary damages and injunctive relief. The complaint alleges that respondent sold motor vehicles in violation of Vehicle Code smog certification requirements, and engaged in unfair competition and false advertising.
After appellants presented their evidence at trial, the trial court granted a motion by respondent for judgment. (Code Civ. Proc., § 631.8.) Appellants contend that the evidence establishes the unlawful sale by respondent of unsmogged motor vehicles through sham transactions with dealers and exporters, and false and misleading advertising. We reverse.
FACTS AND PROCEDURAL HISTORY
Respondent’s Business
Respondent Cars 4 Causes is a tax-exempt, nonprofit corporation that solicits the donations of motor vehicles that it sells from a lot in Van Nuys, California. Respondent retains one-half of the sale proceeds and, after deducting towing expenses, distributes the remaining proceeds to charities. Between July 2002 and June 2003 respondent sold approximately 700 to 800 vehicles per month.