Krantz v. Garmise

This is an appeal from an order entered April 26, 1960, which granted a motion by plaintiffs to strike the affirmative defense of the California guest statute from the answer of the defendant.

The complaint alleges in part (and this is not denied by the answer) that the plaintiffs and defendant leased a motor vehicle from Auto Rentals of Hollywood, and there was an oral agreement to share equally the driving and expenses in connection with the use and operation of the car. While the defendant was driving the car in California an accident occurred and the plaintiffs sustained certain injuries.…