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LAZAR v. HERTZ CORP.

Docket No. 26596.

143 Cal.App.3d 128 (1983)

191 Cal. Rptr. 849

SEYMOUR LAZAR, Plaintiff and Appellant, v. HERTZ CORPORATION, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

May 19, 1983.

Attorney(s) appearing for the Case

COUNSEL

David J. Yardley, William S. Lerach, William S. Dato, Godfrey L. Duke, Jr., Milberg, Weiss, Bershad & Specthrie and Milberg, Weiss, Bershad, Specthrie & Lerach for Plaintiff and Appellant.

Jack W. Crumley, Lee R. Rydalch, Peter R. Thompson, Luce, Forward, Hamilton & Scripps, Jerome J. Shestack, Arthur H. Kahn, Deena Jo Schneider and Schnader, Harrison, Segal & Lewis for Defendant and Respondent.

OPINION

BUTLER, J.

Seymour Lazar rented a 1980 Pontiac from the Hertz Corporation in California at Ontario International Airport on March 21, 1980. He drove the car 78 miles to Palm Springs returning the car there to a Hertz facility the following day without filling up the gas tank. Hertz charged him $11.15 for gasoline. Based on EPA estimates, Lazar concluded he was charged at least $1.97 and as much as $2.95 per gallon which was...

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