To establish a claim of Negligent Entrustment of Motor Vehicle, plaintiff must prove all of the following:
That the driver was negligent in operating the vehicle;
That the defendant owned the vehicle operated by the driver, or had possession of the vehicle operated by driver and the the driver had the owner's permission;
That the defendant knew, or should have known, that the driver was incompetent or unfit to drive the vehicle;
That the defendant permitted the driver to drive the vehicle; and
That the driver’s incompetence or unfitness to drive was a substantial factor in causing harm to the plaintiff.
(Flores v. Enterprise Rent-A-Car Co. (2010) 188 Cal.App.4th 1055, 1063; see also Jeld–Wen, Inc. v. Super. Ct. (2005) 131 Cal.App.4th 853, 863, citing CACI No. 724.)
“In Osborn v. Hertz Corp. (1988) 205 Cal. App. 3d 703, the court held that:
a rental car agency is not liable for negligent entrustment when it rents a car to a validly licensed driver who shows no sign of unfitness to drive (Id. at 713);
an agency has no duty to inquire into the driving record of the renter by asking a series of questions concerning, inter alia, whether the renter has previously been convicted of driving under the influence (Id. at 710); and
absent a legislative declaration that persons convicted of driving under the influence or whose license was previously revoked or suspended are ineligible to rent a vehicle, the rental agency is entitled to rely on the renter's presentation of a valid driver's license as sufficient evidence of fitness to drive (Id. at 711).”
(Flores, supra, 188 Cal.App.4th at 1059.)
“We conclude that the rationale of Osborn remains persuasive, and, further, that the subsequent passage of Vehicle Code section 14604[1] and the decision of the California Supreme Court in Philadelphia Indemnity Ins. Co. v. Montes-Harris (2006) 40 Cal. 4th 151 demonstrate that rental car companies have no duty to conduct an electronic search of the driving records of their customers before entrusting a vehicle to them.” (Flores at 1059.) “Rather, as a matter of law, a rental car agency is not liable for negligent entrustment where the agency has fully complied with the requirements of sections 14604 and 14608, and the customer does not appear impaired or otherwise unfit to drive at the time of rental.” (Id.)
Private Sellers of Motor Vehicles
In Krawtiz, the trial court sustained a demurrer to an injured plaintiff's third amended complaint against a private seller who sold an automobile without seatbelts, and dismissed the complaint. (Krawitz v. Rusch (1989) 209 Cal.App.3d 957 961-962.) The private seller had sold the automobile with knowledge that the purchaser's daughter, an inexperienced driver, would be using the automobile. (Id.) The daughter was involved in an accident in which plaintiff, a passenger, was severely injured. (Id.) In relevant part, the Court of Appeal affirmed the lower court’s decision and held that that the complaint did not state a cause of action for negligent entrustment since the complaint did not allege that the private seller knew that the daughter was an incompetent driver. (Id. at 966-67.) Notably, the Court of Appeal stated that inexperience did not necessarily indicate incompetency. (Id.)
Useful Resources for Negligent Entrustment of Motor Vehicle
JAMES PATRICK CUSICK, Plaintiff(s), vs. ROBERT RUACHO et al., Defendant(s).
Case No.: BC674017
[TENTATIVE] ORDER OVERRULING THE DEMURRER TO THE FIRST AMENDED COMPLAINT IN ENTIRETY
Dept. 92
1:30 p.m.
January 31, 2018
The Demurrer to the First Amended Complaint is OVERRULED in entirety. Defendant Pablo Cervantes Ruacho is ordered to file an answer within ten days of this order.
I. Background...
..leges causes of action for motor vehicle and general negligence. The FAC includes a prayer for punitive/exemplary damages against Robert Ruacho.
The FAC alleges the following: 1) on September 13, 2015, defendant Robert Ruacho operated a vehicle and caused a collision with Plaintiff’s vehicle thereby injuring Plaintiff. (FAC p.4 ¶ 2, p.5 MV-1 – MV-2 and p.6 GN-1); 2) Robert Ruacho was knowingly...
PATRICK PERONA, Plaintiff(s), vs. ADONAY MOLINA et al., Defendant(s).
Case No.: BC691706
[TENTATIVE] ORDER SUSTAINING THE DEMURRER TO THE THIRD CAUSE OF ACTION
Dept. 3
1:30 p.m.
May 23, 2018
The Demurrer to the Third Cause of Action is SUSTAINED with fifteen days’ leave to amend.
I. Background Facts
On January 25, 2018, plaintiff Patrick Perona (“Plaintiff”) filed a complaint against defen...
..N-1.) The complaint also alleges that Mayra owned the vehicle that Adonay was driving and negligently entrusted the vehicle to Adonay. (Id. P. 4 MV-2 and p. 6 GN-1.)
On March 28, 2018, Mayra demurrer to the third cause of action. On April 20, 2018, Plaintiff filed an opposition.
II. Legal Standard
A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda...
ANA GAITAN; Plaintiff, vs. WILLIAM PILE, et al., Defendants.
[TENTATIVE] ORDER RE:
DEMURRER
Defendant ENTERPRISE RENT-A-CAR COMPANY OF LOS ANGELES, LLC’s Demurrer is SUSTANIED WITHOUT LEAVE TO AMEND as to the general negligence cause of action, and SUSTAINED WITH POSSIBLE LEAVE TO AMEND as to the negligent entrustment cause of action.
The Court considered the moving papers, opposition, and r...
..red on January 4, 2013. Plaintiff alleges that the vehicle Pile was driving collided with Plaintiff’s vehicle. Plaintiff contends that the vehicle Pile was driving is owned by Enterprise.
Plaintiff never served the complaint on Enterprise.
Sussex Insurance Company (“Sussex”), the workers’ compensation insurer for Plaintiff’s employer Social, filed a complaint-in-intervention on October 28, 2015...
JOAN BIGGS, Plaintiff(s), vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY, ET AL., Defendant(s).
CASE NO: BC629955
[TENTATIVE] ORDER GRANTING MOTION TO STRIKE WITHOUT LEAVE TO AMEND
Plaintiff, Joan Biggs filed this action against Defendant, Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for damages arising out of a bus accident. Plaintiff’s complaint includes...
..cannot be held liable for negligent entrustment. It argues there are no allegations to support imposition of liability for “other reasons.” Finally, it contends nothing concerning negligent entrustment or other reasons was pled in the government tort claim, and therefore it cannot be pleaded at the complaint stage.
As an initial note, Plaintiff filed her opposition to the motion under case num...
DEMURRER TO THE FIRST AMENDED COMPLAINT
Having considered the demurring, moving, opposing, and reply papers, the Court rules as follows.
BACKGROUND
On April 15, 2019, Plaintiff Edgar Pantoja (“Plaintiff”) filed a complaint against Defendant Michael Anthony Cortinas (“Defendant”) alleging motor vehicle negligence and negligent entrustment for an automobile collision that occurred on May 6, 2017....
..nd negligent entrustment. Defendant also asks that the Court issue an order striking punitive damages from the FAC pursuant to California Code of Civil Procedure sections 435 and 436 and Civil Code section 3294.
LEGAL STANDARD
Meet and Confer
The demurrer and motion to strike portions of the Complaint were initially set for hearing on August 29, 2019. On such date, this Court found that Defenda...
[TENTATIVE] ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION
I. INTRODUCTION
On March 28, 2017, Plaintiffs Joyce Carrell and minors Dilegend Francis, Deace Ellis, Duerre Bush, Vision Bell, by and through their guardian ad litem, Joyce Carrell, (“Plaintiffs”) filed a complaint against Defendants Jared Ross Gillispie (“Gillispie”), Orange Cou...
..Plaintiff Carrell and Defendant Gillispie were involved in a traffic collision at the intersection of El Segundo Boulevard and Purche Avenue in Hawthorne, California. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff had been travelling westbound on El Segundo Boulevard before stopping in the left turn lane to turn left onto Purche Avenue. (UMF No. 7.) Gillispie was travelling eastbound on El Se...
Nicole Lahmani, Esq. SBN
LAHMANI LAW, APC
1539 E. Fourth Street
nta Ana, CA 92701
Telephone: (949) 202-1111
Fax: (855) 700-0529
Attorney for Plaintiff,
Benjamin Cornejo
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF STANISLAU
...
PLD-PI-())1
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address).
| CARY PHAM-- SBN 211442
Law Offices of Cary Pham
2156 The Alameda, Suite B
San Jose, CA 95126
TELEPHONE NO: (408) 557-8896 FAX NO. (Optional: (408) 557-3214
E-MAIL ADDRESS (Optionay: [email protected]
ATTORNEY FOR (Name): FARRIS BRYANT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aopress: 19] N. First Street
main aooress: 19] N, First Street, San Jose, CA 95126
cirya...
PLD-PI-001
FOR COURT USE ONLY
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adress)
[— CARY PHAM-- SBN 211442
Law Offices of Cary Pham
2156 The Alameda, Suite B
San Jose, CA 95126
TELEPHONENO: (408) 557-8896 FAX NO. (Optionay: (408) 557-3214
E-MAIL ADDRESS (Optionay): Cary @caryphamlaw.com,
ATTORNEY FOR (Name): BE LE and TRU V. DANG
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
streeraopress: 1130 O Street
maine aopress: 1130 O Street, Fresno CA 93721
ciryanp zip co...
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF YOLO
CIVIL LAW AND MOTION MINUTE ORDER
HON: DANIEL M WOLK
CASE NO: CV-2020-813
TITLE: ROCA VS. LAKE
DATE: 09/23/2020
TIME: 9:00 AM
PROCEEDINGS: *DEMURRER / MOTION TO STRIKE
CLERK: Piper Noto
REPORTER:
190 Tentative ruling adopted; see attached
APPEARANCES
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Shervin Lalezary, Esq. (Bar No. 260567)
[email protected]
Shawn Lalezary, Esq. (Bar No. 291733)
[email protected]
LALEZARY LAW FIRM, LLP
8370 Wilshire Blvd., Suite 205
Beverly Hills, California, 90211
Phone: (310) 550-8888
Fax: (310) 550-8988
Attorneys for Plaintiff,
NOE VILLEGAS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF S...
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Alan A. Ahdoot, Esq. (State Bar No. 238594)
Christopher B. Adamson, Esq. (State Bar No. 238500)
Arash Nematollahi Esq. (State Bar No. 225306)
ADAMSON | AHDOOT
1150 S. Robertson Blvd.
Los Angeles, California 90035
T: 310.888.0024
F:; 888.895.4665
E: [email protected]
E: [email protected]
E: [email protected]
Attorneys for Plaintiff,
ELLIOTT PETER GORDON, a minor
by his Guardian ad Litem Tracy Gordon
SUPERIO...
Rayma Church, No. 154897
Ryan D. Libke, No. 193742
Elizabeth A. Thomasian, No. 306076
EMERSON · CHURCH
802 W. PINEDALE AVENUE, SUITE 104
FRESNO, CALIFORNIA 93711 5777
Telephone: (559) 432 7641
Facsimile: (559) 432 7639
...
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, Staie Bar number, and address) FOR COURT USE ONLY
| WILLIAM S. GINSBURG, SBN.99704
HARMANDEEP KAUR, SBN.297976
BERG INJURY LAWYERS
1317 Oakdale Rd., Suite 500
Modesto, CA 95355
TeLepHone no: (209) 575-3600 FAX NO. (Optionay (209) 575-2812
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Namo) PLAINTIFF
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
street aopress: 1130 O Street
maitinc avoress, 1130 O Street
city ano zip cove: Fresno, CA 93721-2220...
JOSEPH J. BABICH, ESQ. / SBN: 096290
SEAN D. WISMAN, ESQ. / SBN: 296420
DREYER BABICH BUCCOLA WOOD CAMPORA, LLP
20 Bicentennial Circle
Sacramento, CA 95826
Telephone: (916) 379-3500
Facsimile: (916) 379-3599 ELECTRONICALLY FILED
superior Court of California,
...
CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
Arash Khorsandi(249405)/Judd R. Allen(251327)
The Law Offices of Arash Khorsandi, PC
2960 Wilshire Blvd., Third Floor, Los Angeles, CA 90010
TELEPHONE NO: (310) 277-7529 FAX NO. (Optional): (310) 388-8442
E-MAIL ADDRESS (Optiona): [email protected]; [email protected] L L
ATTORNEY FOR (Name): Plaintiff OTONIEL ESPINOZA E E
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
street aporess: 1775 Co...
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO: FAX NO. (Optional)
E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Name)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:Civil Unlimited
PLAINTIFF:
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CM-110
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
Arash Khorsandi(249405)/Judd R. Allen(251327)
The Law Offices of Arash Khorsandi, PC
2960 Wilshire Blvd., Third Floor, Los Angeles, CA 90010
TELEPHONE NO: (310) 277-7529 FAX NO. (Optional): (310) 388-8442
E-MAIL ADDRESS (Optiona): [email protected]; [email protected] L L
ATTORNEY FOR (Name): Plaintiff OTONIEL ESPINOZA E E
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
street aporess: 1775 Co...
TH INJURY LAW
WILL.” ERETH, CBN1336t. |
78131 *SHING AVENUE
STOCK A 95207-1749 Savi. to
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LALEZARY LAW FIRM, LLP
280 S.
Beverly Hills, California 90212
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Shervin Lalezary, Esq. (Bar No. 260567)
[email protected]
Shawn Lalezary, Esq. (Bar No. 291733)
[email protected]
Albert P. DiRocco, Jr., (Bar No. 115789)
[email protected]
LALEZARY LAW FIRM, LLP
280 S. Beverly Drive, Suite 400
Beverly Hills, California, 90212
Phone: (310) 550-8888
Fax: (310) 550-8988
Att...
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): FOR COURT USE ONLY
[— Theodore Kreit. Esa. SBN:271604
Grossman Law Offices. APLC
7161 N. Howard St. Ste. 202
Fresno, CA 93720
TevePHone no:(559) 221-2261 FAX NO. (Optional: (559) 226-3517
E-MAIL ADDRESS (Optional): -_"
ATTORNEY FOR (Name Plaintiff, MARISELA AYON
SUPERIOR COURT OF CALIFORNIA, COUNTY OFFRESNO
street aooress:| 130 O Street
MAILING ADDRESS:
city ano zip cove:Fresno, CA 93724...
R. Bret Beattie, Esq., SBN: 150068
Katherine E. Harvey-Lee, Esq., SBN: 216135
JAVAHERI & YAHOUDAI
A Professional Law Corporation
1880 Century Park East, Suite 717
Los Angeles, California 90067
Telephone: (310) 407-0766
Facsimile: (310) 407-0767
Attorneys for Plaintiff, TERRALEE PEREZ
SUPERIOR...
PLD-PI-001
a Rimothy A, Gill, Esq. (State Bar #123345) ~_ b
Law Offices of Timothy Gill, A PC
46 West Santa Clara Street
San Jose, CA 95113
TELEPHONE NO: (408) 938-3467 FAX NO. (Optional: (408) 286-3 139
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Nome): Femie San Andres, Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
street aporess: 19] North First Strect
MAILING ADDRESS:
city ano zipcove: San Jose 95113
aranch Name: Civil Unlimited
PLAINTIFF: Femie San Andres
DEFEND...
PLD-PI-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
-—Timothy A. Gill, Esq. (State Bar # 123345)
Law Office of Timothy Gill, A PC
46 West Santa Clara Street
San Jose, CA 95113
TELEPHONE NO: (408) 938-3467 FAX NO. (Optiona): (408) 286-3139
E-MAIL ADDRESS (Optional):
[ATTORNEY FOR (Name): Jose Luis Chavez, Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA.
street aporess: 19] North First Street
MAILING ADDRESS:
cityanozipcove: Sa...
1 CHARLES H. HORN (SBN 63362)
[email protected]
2 CARLA MENINSKY (SBN 233470) ELECTRONICALLY
[email protected]
3
FREEMAN MATHIS & GARY, LLP F I L E D
...
PLD-PI-001
ATTORNEY OR PARTY WITHOUT. Gee ean ‘Stale Bar number, and address):
| WILLIAM S. GINSBURG, SBN.99704
HARMANDEEP KAUR, SBN.297976
BERG INJURY LAWYERS
1317 Oakdale Rd., Suite 500
Modesto, CA 95355
TeLePHone no: (209) 575-3600 FAX NO. (Optionay: (209) 575-2812
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name: PLAINTIFF.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
street appress: 1130 O Street
MALLING Aboress: 1130 O Street
city ann zip cove: Fresno, CA 93721-2220
BRANCH NAME:
PL...