Legal Opinion
Martinez v. Enterprise Rent-A-Car Co.
California Court of Appeal
Decided May 28, 2004No. F042715PublishedCited by 19 opinions
1Opinion of the Court
Opinion
LEVY, J.
Under California law, a dealer cannot sell a new or used vehicle that is not in compliance with the Vehicle Code. However, a dealer-to-dealer sale is exempt from this requirement. At issue is whether this exemption applies to an alleged title defect.
Appellants, David and Gloria Martinez, claimed in their class action that respondent, Enterprise Leasing Company West, violated the law when it did not obtain a total-loss salvage certificate for a damaged rental car before selling that car to another dealer. However, the trial court disagreed. The court concluded that the…
2Cases cited12 opinions
- Styne v. StevensCalifornia Supreme Court · 2001
- Calatayud v. State of CaliforniaCalifornia Supreme Court · 1998
- Flying Dutchman Park, Inc. v. City & County of San FranciscoCalifornia Court of Appeal · 2001
- Varwig v. Anderson-Behel Porsche/Audi, Inc.California Court of Appeal · 1977
- Jacobs v. State Board of OptometryCalifornia Court of Appeal · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Coburn v. SievertCalifornia Court of Appeal · 2005
- Carson v. Mercury InsuranceCalifornia Court of Appeal · 2012
- County Sanitation District No. 2 v. County of KernCalifornia Court of Appeal · 2005
- California Fair Plan Ass'n v. GarnesCalifornia Court of Appeal · 2017
- Klem v. Access Ins. Co., California Court of Appeal, 5th District2017
14 more not listed; retrieve them via the Exa API.