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4B Wednesday, Feb. 23, 2011
Bulletin, Progressive, Record, Reporter
#
you are eligible to renew on-
line or in person, and if you
will be required to take a traf-
~: :ii'~', tic laws and signs test. Occa-
2~ sionally, an office visit be'
may
.............. required to protect your iden-
tity and ensure that a license
ASK GEORGE is being issued to the true
GEORGE VALVERDE owner. Below is a checklist of
Director, CA Dept of Motor Vehicles items you should be prepared
for if you are required to visit
Make your next trip to the a field office to renew your
DMV a success. Here are im- driver license or ID card:
portant documents you may
need when visiting a DMV DL renewal
field office: .Complete an original Dri-
ver License form (DL 44) or
General tips the DMV renewal notice you
Make sure you have a received via mail. To obtain
check, money order, cash or a the DL 44 form by mail, call
debit card available to pay (800) 777-0133. Or pick one up
any fees. (The DMV does not at your local field office.
accept credit cards at field of- -Be prepared to take a traf-
fices; however, they are ac- fic laws and signs test (if re-
cepted online.) quired).
If you have to go into a field .Pass a vision exam.
office, visit the DMV's website
at dmv.ca.gov to make an ap-
pointment before visiting a
field office. This will signifi-
cantly reduce your wait time.
Driver License and ID Card
Upon expiration of your
current driver license or ID
card, the DMV will automati-
cally send you a renewal no-
tice which will inform you if
ID Card renewal
Complete an original Iden-
tification Card application
(DL 44). To obtain the DL 44
form by mail, call (800) 777-
0133. Or pick one up at your
local field office.
Bring your certified birth
certificate or passport.
Provide your social securi-
ty number.
Name change or change in
marital status
In the event of a name
change or change in marital
status, it .is important to up-
date your records with the
DMV. Prior to visiting your
local DMV field office to up-
date your information, con-
tact the Social Security Ad-
ministration (SSA) to change
your name on your Social Se-
curity records and to be is-
sued a new card. When your
gSA records are updated,
bring the following with you
to complete your DMV up-
date:
Complete an original Iden-
tification Card application
(DL 44). To obtain the DL 44
form by mail, call (800) 777-
0133. Or pick one up at your
local field office.
Provide evidence of your
name change by showing an
original or certified copy of a
birth certificate or passport.
Registration
The DMV will automatical-
ly notify you via mail when
your vehicle's registration is
due for a renewal and also in-
form you if you are eligible to
renew online or in person,
and if a biennial smog certifi-
cation is due. Be sure to pay
your renewal fees on or before
the due date to avoid penal-
ties. When renewing your reg-
istration you will need to:
Provide your Vehicle Iden-
tification Number (VIN).
Provide your renewal no-
tice that shows your current
fees.
Provide a smog certificate
(if required). Note: autho-
rized smog shops electroni-
cally submit these certifi-
cates to the DMV.
Changing vehicle ownership
When you become the new
legal owner of a vehicle, (buy-
ing or selling) you must pro-
vide updated information to
the DMV. If you are register-
ing a vehicle as the new own-
er, be prepared to provide the
following items to the DMV:
California Certificate of Ti-
tle (pink slip).
Signature(s) of seller(s) and
lien holder, if any, on the Cer-
tificate of Title.
Signature(s) of buyer(s) on
the Certificate of Title.
Odometer disclosure for
vehicles less than 10 years
old.
Smog certification.
Notice of Release and
Transfer of Liability
In order to file a Notice of
Release and Transfer of Lia-
bility with the DMV to trans,
fer vehicle ownership and re-
sponsibility to another party,
you will need to provide:
A completed Notice of
Transfer and Release of Lia-
bility (REG 138).
The vehicle's year, make
and Vehicle Identification
Number (VIN).
The new owner's name and
address.
The vehicle's odometer
reading.
The date of transfer or sale.
Your name and address.
This transaction can be
done in a field office or online
at dmv.ca.gov.
Registering an out-of-state
vehicle
New residents to the state of
California are required to reg-
ister their vehicles within 20
days of residency, and are re-
quired to provide the follow-
ing items to the DMV to regis-
ter the vehicle:
A completed application
for title or registration (REG
343).
The out-of-state Certificate
of Title.
A vehicle verification by an
authorized DMV employee;
bring your vehicle to your local
DMV for verification of the ve-
hicle's identification number.
California smog certification.
Fees depend on a variety of
factors -- for an estimate of
your costs you may use the
online vehicle registration fee
calculator at dmv.ca.gov.
Smog certification
To register a vehicle that re-
quires a smog check, the fol-
lowing items must be provided:
California smog certifica-
tion (you will receive this
from the smog center upon
completion of your passed
smog test).
Registration renewal no-
tice sent to you by the DMV.
Your vehicle identification
number (VIN). "
You may need to visit a
DMV field office if it has tak-
en longer than five business
days to receive your new reg-
istration documents.
Remember to visit
dmv.ca.gov to determine first
if you canconduct your trans-
action online. If you must vis-
it a field office, save time by
going online to schedule an
appointment.
the seats did not exist in Cow-
boys Stadium. By game time,
the seats had been installed as
planned, but the fire marshal
deemed them unsafe and un-
sable.
"- I suppose the unlucky ticket
LEGAL MUSINGS holders should be thankful the
............. S=rE--VE BRi NNi:-MAi i ............... fire marshal prevented them
steve, brenneman@jud.ca.gov from occupying unsafe seats
during the game. Yes, come to
think of it, I'm sure that's ex-
Imagine being a Packers fan actly what they were thinking
who traveled to Dallas to when they got the bad news
watch his beloved team in the hours before the game.
Super Bowl, only to find out Some of the unlucky ticket
his $1,000 ticket won't get him holders were given other seats
into the stadium. Maybe it has in locations where they could
something to do with Wiscon- not see the game. Gee, thanks.
sin. Weren't there a bunch of The rest, I am told, were given
fake Rose Bowl tickets sold to three times the face value of
University of Wisconsin fans the tickets and sent on their
some years ago? Midwestern- way. So sorry. Better luck
ers are so gullible, next time your team makes it
In this case, the tickets were to the big show.
not fakes. It was the seats that So what's a person to do?
were fakes. More precisely, That's actually a rhetorical
when the tickets were sold, question. We all know what
comes next. It took only two However, unbeknownst to ei-
days for a lawsuit to be filed ther of us, an hour earlier the
against the NFL, the Dallas steer had been abducted by
Cowboys and Jerry Jones, the aliens. Under such circum-
Cowboys' owner. The suit al- stances, we can get out of the
leges fraud, breach of contract deal.
and deceptive sales practices. The defendants in the Super
I doubt the fraud and decep- Bowl caper might argue the
tire sales practice claims will ticket sale contracts were
get very far. It will likely be based on a mutual belief that
difficult to prove that; at the the seats would be available at
time the tickets were sold, the game time. When that proved
defendants knew the seats to be untrue, the deal was off.
would not be available by The problem with this argu-
game time. And what did the ment is that availability of the
defendants stand to gain by seats at game time was exclu-
selling nonexistent seats? It's sively within the control of
not like they'd be able to keep the defendants. Had they ex-
the ticket price, erted more effort, expended
This looks like a classic more resources, the seats pre-
breach of contract case. The sumably would have been safe
parties entered into a deal, to use. Thus, this was not a
and one of them failed to live mutual mistake of fact but a
up to its end of the bargain, failure to perform.
The only question is damages. The real issue here is one of
The defendants may try to damages, and that's where it
argue they are entitled to re- gets a little tricky.
scind the deal based on a mu- Contract law is based on ex-
tual mistake of fact. A mistake pectations. Unlike tort law,
of fact occurs when parties en- where the injured party is en-
ter into an agreement based titled to recover his or her
on certain understood facts losses, the innocent party in a
only to learn later they were breach of contract case is enti-
mistaken about those facts, tled to his or her reasonable
Say, for example, you and I expectations arising from the
enter into a contract whereby contract.
I agree to buy your prize For example, if I own a car
breeding steer for $100,000. with an estimated retail value
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of $5,000 and you destroy it in
a collision, tort law allows me
to recover $5,000 from you.
But let's say, instead, you
agree to buy my car for $7,000,
take possession of the car,
wreck it, and then refuse to
pay me. In both cases, I have
lost the same car. But in the
latter scenario, I am entitled
to recover $7,000.
(For a breach of contract,
one may also be entitled to in-
"cidental or consequential
damages, which are additional
expenses or losses incurred by
the innocent party as a result
of the breach. However, space
does not permit me to discuss
such damages here.)
When I was a kid, after a
particularly heavy snow-
storm, I would walk the neigh-
borhood, knocking on doors
and offering to shovel side-
walks for a price. This was
capitalism at work. Those who
believed having their side-
walk shoveled was worth
more than the 50 cents I
charged would hire me. The
rest would not. For my part,
the money was always worth
more than the time I could
have spent playing in the
snow.
If you accept my offer to
shovel your snow for 50 cents,
then I do the job but you
refuse to pay me, my contract
damages are clear. I'm enti-
tled to 50 cents. But what if, af-
ter entering into the deal, my
buddy drives up and says he
has two tickets to the Super
Bowl and I jump into his car
and drive off without doing
the job (only to find out later
that the tickets are for nonex-
istent seats)?
In this scenario, you are en-
titled to the value of having
your sidewalk shoveled, less
the 50 cents it would have cost
you if I had done it. Therefore,
if you have to turn around and
pay someone else $2 to do the
job, you are entitled to recover
$1.50 from me.
In the case of the Super
Bowl seats, it's not likely any
of those unlucky fans could
have gone out and bought sub-
stitute seats at the last minute
and charged the defendants
whatever extra it cost them.
So we must put some value
on the seats. Obviously, that
value is more than the cost of
the ticket, or the deal would
never have been reached. Un-
der such circumstances, the
law imputes a reasonable value
as viewed from the standpoint
of a reasonable purchaser.
So what is a Super Bowl
ticket worth to a reasonable
Cheesehead? (Is that an oxy-
moron?) That will be for the
courts to decide.
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