Drake

Drake v. Morris Plan Co.

Good Law
125 Cal. Rptr. 667·1975 Cal. App. LEXIS 1552·53 Cal. App. 3d 208
Court of Appeal of CaliforniaNovember 24, 1975Civ. No. 45641California1,197 words

Opinion

Lead Opinion

Allport, J.

*210 Opinion

In a first amended complaint for wrongful death it is alleged that on or about August 30, 1973, an automobile financed by defendant Morris Plan Company of California, sold by defendant Arthur Oropeza dba Arts Motor Sales and being operated by defendant Willie Bill Stafford collided with an automobile being operated by Ernest Drake, proximately resulting in the death of Drake. It is further alleged that Stafford was incompetent and unfit to safely operate an automobile on the public streets in that he was unlicensed and alcoholic with a history of arrests and convictions for driving under the influence of intoxicating beverages and drugs, hit and run, reckless driving with injury to others, driving without a license and with a revoked permit and that these facts were known or, in the exercise of reasonable care, should have been known to Oropeza and Morris Plan.

Additionally it is alleged that by providing the financing Morris Plan enabled and permitted Stafford tó obtain the automobile from Oropeza knowing that Stafford intended to operate the automobile on the public streets. It is then alleged that Morris Plan and Oropeza negligently entrusted, financed and…

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