Sand
Sand v. Mahnan
Opinion
Lead Opinion
Kerrigan, J.
In the early evening of Friday, March 29, 1963, defendant telephoned plaintiff and requested that plaintiff accompany her to Los Angeles from Santa Ana. Defendant was 24 years of age and had known plaintiff socially for a period of approximately two months. Plaintiff was a licensed driver while defendant only possessed a learner’s permit. Defendant required the presence of a licensed driver *682 to lawfully operate her ear, and the purpose of the trip was to pick up a young child who was a relative of the defendant. Plaintiff had ridden with defendant on previous occasions inasmuch as the two young ladies had visited various beach cities during their brief social relationship, and because of their friendship, obviously enjoyed being in each other’s company.
Shortly after the telephone conversation, defendant arrived at plaintiff’s residence accompanied by her mother. Defendant drove the Corvair, plaintiff rode in the right front seat, and defendant’s mother, who did not know how to operate a motor vehicle, sat in the right rear seat.
The three ladies departed from Santa Ana for Los Angeles between 6 :45-7 p.m. and were proceeding north on the Santa Ana Freeway when the accident…