Marquez v. Enterprise Rent-A-Car

In Marquez v. Enterprise Rent-A-Car (1997) 53 Cal.App.4th 319, 323, a third party was injured in an automobile accident with Michael Melcher (driver), who was driving a car rented from Enterprise by Martin Sanchez (renter). Writing for Division Four of this court, Justice Epstein opined that, where the rental agreement did not either expressly or impliedly permit the driver to drive the vehicle; the renter informed defendant he did not want permission for any others to drive; and the renter initialed a restriction that "no others" would be driving, the renter acted outside the scope of permission given to him by defendant and summary judgment for the rental company as against the third party injured in an accident by the driver was affirmed.