Legal Question in Civil Litigation in California

I recently let my friend borrow my cousin's car to go do some errands. I assumed he had a license since I heard him talk about applying for a California license. He got stopped by a cop for not yielding while turning left on a traffic light and didn't have a license with him, not even his new York license and since the cops couldn't verify that he had a license in New York they impounded the car. They will keep it in the impound since this guy had been stopped a few years ago and was driving his wife's car without a license. The cost to get it out after 30 days will be around $2300 and he only wants to pay $700 and says he won't go higher. Can I or my cousin take legal action against him since he asked to borrrow the car knowing he didn't have his New York license on him or a California license and he refuses to pay to get it out?


Asked on 8/14/09, 9:35 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

What right did you have to lend your cousin's car to anyone? Unless you had your cousin's permission to do this, you committed a crime. I'm not saying this because I think you will be prosecuted, but because the crime will get in the way of any lawsuit you might file. The court will probably see you as a thief whose crime turned out badly for you. If that is how it sees the case, it won't award you anything.

Your cousin may be able to sue, but then he isn't the one who lent your friend his car. He can't sue on a breach of contract theory, because he didn't make any kind of agreement with your friend. He may be able to prevail on some other theory, but his case certainly won't be a slam dunk.

Read more
Answered on 8/14/09, 10:08 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California