Monday, December 21, 2015

Wait, what?!?

Greed pays dividends
It never ceases to amaze me the greed of some people. For instance, despite posting profits of $29 Billion in 2013, Warren Buffet's bank, Berkshire Hathaway, has not paid a penny in Federal Taxes.  OK, that's a bit extreme, but how about the guy who has hundreds cars (you can only drive one at a time, people); or the women who have 5,000+ pairs of shoes; or how about that kid from Harry Potter who had to get more presents each birthday or he'd throw a fit.  I mean, some people's kids!

Then there is what happened to a Guy who came into the library the other day.  Guy is well-off, financially.  This is important to note if only for the fact that guy had recently sold a car which was, subsequently, involved in an "accident."  Apparently, the new owner (of the car Guy had sold) rear-ended someone.  In the course of the discussion between the new owner and the person he had just rear-ended, it was revealed that the previous owner ("Guy") was well-off, financially.  A scheme was hatched by the rear-endee and, subsequently, a lawsuit was filed against Guy for negligence.

Wait, what?!  Guy sells a car and is sued because a car that he no longer owns is involved in an accident and he's at fault?  Sounds like an obama executive order/nightmare.  So, knowing that his best defense is his local county law library, Guy made a bee line over to me and asked for help.  True, he had money to hire the best attorney money could buy but you don't get rich by spending money, right?  So, I'm hunting around and I dig up California Vehicle Code section 5602 which states, in part:
An owner who has made a bona fide sale or transfer of a vehicle and has delivered possession of the vehicle to a purchaser is not,...the owner of the vehicle so as to be subject to civil liability...for the...operation of the vehicle thereafter by another...
Basically, because Guy had already delivered the car before the accident, scamee had no claim on Guy.  As such, I suggested either guy copy and send this code to the plaintiff (and tell them to drop their action post haste) or he go over to California Civil Practice: Procedure (West).  A few minutes looking for remedies, he discovers the section on Demurrer and Guy is off and running and planning his defense.  Another satisfied customer under my belt, I ride off into the proverbial sunset.

Are you looking at an impossible lawsuit filed against a greedy SOB?  Might I suggest, then, that you head on over to your local county law library and take a look at the wealth of information we have to help you protect you and yours so that you can enjoy your happily ever after.