Cuccias v. Gambina
Appellant Jonathan Robert Cuccias appeals from a judgment dismissing his conversion action, entered during a bench trial after the court invited and granted a motion for judgment pursuant to Code of Civil Procedure section 631.8, on the ground that appellant was not the owner of the allegedly converted motor vehicle.[1] Appellant contends that the motion was an unauthorized sua sponte motion, and that the court erred in finding that his signature under penalty of perjury on the certificate of title to the vehicle effected a transfer of ownership as a matter of law, despite the absence of a transferee or the satisfaction of other formalities required by the Vehicle Code. Although we reject appellants contention that the courts manner of proceeding requires reversal, we agree the court erred in granting the motion, and Court reverse the judgment.
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