Legal Opinion

Flores v. ENTERPRISE RENT-A-CAR CO.

California Court of Appeal

Decided September 28, 2010No. B215105PublishedCited by 7 opinions

1Opinion of the Court

Opinion

WILLHITE, Acting P. J.

In Osborn v. Hertz Corp. (1988) 205 Cal.App.3d 703 [252 Cal.Rptr. 613] (Osborn), the court held that (1) 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 p. 713); (2) 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 p. 710); and (3) absent a legislative declaration that persons convicted of…

2Cases cited10 opinions

  1. Barrera v. State Farm Mutual Automobile InsuranceCalifornia Supreme Court · 1969
  2. Sewell v. JohnsonCalifornia Supreme Court · 1913
  3. International Ass'n of Cleaning & Dye House Workers v. LandowitzCalifornia Supreme Court · 1942
  4. People v. MeloneyCalifornia Supreme Court · 2003
  5. Osborn v. Hertz Corp.California Court of Appeal · 1988

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3Cited by7 opinions

  1. Altizer v. Coachella Valley Conservation Com.California Court of Appeal · 2023
  2. Altizer v. Coachella Valley Conservation Com.California Court of Appeal · 2023
  3. Enterprise Rent-A-Car of L.A. v. Super. Ct.California Court of Appeal · 2022
  4. Montoya v. Mayfield CA2/4California Court of Appeal · 2015
  5. Sargenti v. City of Long BeachCalifornia Court of Appeal · 2026

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