METTELKA v. SUPERIOR COURT

Docket No. A031991.

173 Cal.App.3d 1245 (1985)

219 Cal. Rptr. 697

JAMES FRANK METTELKA, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; JOSEPH RALPH GRECO, SR., Real Party in Interest.

Court of Appeals of California, First District, Division Three.

November 5, 1985.


Attorney(s) appearing for the Case

COUNSEL

Manuel Glenn Abascal and Ann Flower Cumings for Petitioner.

No appearance for Respondent.

David A. Gifford, Jane S. Blumberg and Ericksen, Arbuthnot, Walsh, Paynter & Brown for Real Party in Interest.


OPINION

BARRY-DEAL, J.

This petition for writ of mandate raises the issue of whether one co-owner of a vehicle may negligently entrust the co-owned vehicle to another co-owner. The issue arises because the superior court barred a negligent entrustment cause of action for the sole reason that the defendants' car was co-owned by the driver and his father. We conclude that a cause of action was stated for negligent entrustment by the...

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