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MARTINEZ v. ENTERPRISE RENT-A-CAR CO.

No. F042715.

13 Cal.Rptr.3d 857 (2004)

119 Cal.App.4th 46

David MARTINEZ et al., Plaintiffs and Appellants, v. ENTERPRISE RENT-A-CAR COMPANY et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

Review Denied August 18, 2004.

Attorney(s) appearing for the Case

Cotchett, Pitre, Simon & McCarthy, Niall P. McCarthy, Burlingame, Laura Schlichtmann, San Francisco, and Richard A. Dana; William M. Krieg & Associates and William M Krieg for Plaintiffs and Appellants.

Folger Levin & Kahn, Michael A. Kahn, Margaret E. Murray, San Francisco, Dominique R. Shelton, Los Angeles, and Eric M. Lode, San Francisco, for Defendants and Respondents.

Latham & Watkins, Christopher L. Byers and Charles S. Treat, San Francisco, for Thrifty Rent-A-Car System, Inc., as Amicus Curiae on behalf of Defendants and Respondents.

Gibson, Dunn & Crutcher, Gail E. Lees, Austin V. Schwing, Los Angeles, and Darren Lisitza for Avis Rent A Car System, Inc., and Budget Rent A Car System, Inc., Amici Curiae on behalf of Defendants and Respondents.

OPINION

LEVY, J.

Under California law, a dealer cannot sell a new or used vehicle that is not in compliance with the Vehicle Code. However, a dealer-to-dealer sale is exempt from this requirement. At issue is whether this exemption applies to an alleged title defect.

Appellants, David and Gloria Martinez, claimed in their class action that respondent, Enterprise Leasing Company West, violated the law when it did not obtain a total loss salvage certificate...

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