Fernandez v. Hertz Corp.
Giuseppe Fernandez, while renting a car at the Hertz Corporations LAX facility, left his briefcase unattended and it was stolen by another patron whose identity was unknown to both Fernandez and Hertz. By the time Fernandez reported the theft to Hertz, the thief had left the premises. The issue posed is whether Hertz has a duty immediately to attempt to identify the thief (by viewing Hertzs surveillance tapes), to capture the thief (or to cause the police to capture him), and to attempt to recover the briefcase. We conclude that Hertz did not have such duties. Even if Hertz had such duties, no act or omission of Hertz caused Fernandez any damage. Accordingly, we affirm the summary judgment granted in favor of Hertz on Fernandezs negligence cause of action. Court also affirm prior orders sustaining demurrers without leave to amend to causes of action for negligent and intentional misrepresentation, concealment, deceit, and violation of Penal Code section 135.
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