Goodpastor v. Southern Pacific Co.

2 Citing cases

  1. Vallejo v. Montebello Sewer Co. Inc.

    209 Cal.App.2d 721 (Cal. Ct. App. 1962)   Cited 15 times
    In Vallejo v. Montebello Sewer Co. Inc., 209 Cal.App.2d 721, 735 [ 26 Cal.Rptr. 447], the court stated that "the affidavit in support of the motion must contain the requisite facts which are controverted by the pleadings.

    " Montebello cited and relied upon the cases of Milgate v. Wraith, 19 Cal.2d 297 [ 121 P.2d 10]; Birnbaum v. Blunt, 152 Cal.App.2d 371 [ 313 P.2d 86]; Grover v. Sharp Bellows Contracting Co., 66 Cal.App.2d 736 [ 153 P.2d 83]; C.F. Spendlove v. Pacific Electric Railway Co., 30 Cal.2d 632 [ 184 P.2d 873]; and Goodpastor v. Southern Pac. Co., 54 Cal.App.2d 762 [ 129 P.2d 963]. (See Veh. Code, § 17150)[10] While Montebello is correct in its abstract statement of the law ( i.e., that an owner of a vehicle who is a passenger in that vehicle may not recover against a third party if the driver of the vehicle was negligent) it has failed to grasp the fact that before the rule of law relied upon becomes applicable, it is necessary to satisfy the factors or elements of Vehicle Code section 17150 ( i.e., former Veh. Code, § 402).

  2. Logan v. Serpa

    91 Cal.App.2d 818 (Cal. Ct. App. 1949)   Cited 14 times
    In Logan v. Serpa, 91 Cal.App.2d 818 [206 P.2d 70], the court was concerned with the ownership of a car within the meaning of section 402 of the Vehicle Code, which had been community property of the husband, then deceased, and his surviving wife.

    ted upon this finding, that in view of the provisions of sections 164 of the Civil Code and 201 of the Probate Code "All property acquired after marriage of a husband and wife is community property," and that "[u]pon the death of either husband or wife, one-half of the community property belongs to the surviving spouse and further, that in the absence of testamentary disposition by the decedent the other one-half goes to the surviving spouse"; that Mrs. John C. Serpa, upon the death of J.C. Serpa, was vested with the ownership and title of the Chevrolet automobile in toto in the absence of testamentary disposition, unless it was disposed of during his lifetime. It is therefore argued that the undisputed evidence shows that, on the date of the accident, Mrs. John C. Serpa was the owner of the car and was present with her daughter who was driving, and that she was therefore liable under section 402 of the Vehicle Code and such decisions as Randolph v Hunt, 41 Cal.App. 739 [ 183 P. 358]; Goodpastor v. Southern Pac. Co., 54 Cal.App.2d 762 [ 129 P.2d 963]; Grover v. Sharp Fellows Contr. Co., 66 Cal.App.2d 736 [ 153 P.2d 83]; and Cope v. Goble, 39 Cal.App.2d 448 [ 103 P.2d 598]. As to the second contention the evidence shows that on the date of the accident Alice Serpa drove the Chevrolet, with her mother sitting in the front seat, on her way to see the foreman of the ranch, which ranch her mother had inherited upon her husband's death.