Re:Motorist Claims Corporation Papers Are Carpool Passengers
by dasil003 on Friday January 11, 2013 @02:35PM
(#5044509)
On the other hand if he's the sole board member and the articles and his laptop with all the work were in the car, how could it not be in the car ;)
Re:Motorist Claims Corporation Papers Are Carpool Passengers
by anigbrowl on Friday January 11, 2013 @02:34PM
(#5044503)
Meaningless without consideration of the precedent. sloppy drafting, I agree, but we need to question whether 'person' is used in the context of ownership/liability here (in which case it makes perfect sense) or in the context of driver and passenger (in which case it doesn't, but which courts have likely settled already).
Re:Motorist Claims Corporation Papers Are Carpool Passengers
by anigbrowl on Friday January 11, 2013 @03:07PM
(#5044672)
But I don't think that the Articles of Incorporation should be considered a physical manifestation of that corporation, so I don't see how you could claim that the corporation was "in the vehicle".
I'm not sure as I haven't studied it, but I suspect the corporation 'lives' at the address for service; alternatively, in a filing cabinet in the CA Secretary of State's office ;-) It certainly doesn't travel around with its papers, any more than you are your passport.
CA Vehicle Code: '"Person" includes a natural person, firm, copartnership, association, limited liability company, or corporation.' (http://dmv.ca.gov/pubs/vctop/d01/vc470.htm)
Pretty reasonable argument in the abstract.
But I don't think that the Articles of Incorporation should be considered a physical manifestation of that corporation, so I don't see how you could claim that the corporation was "in the vehicle".