I'm going to guess it was not non-op because there was back registration. In CA the seller is responsible for smoging the vehicle if not in non-op even with a bill of sale stating "sold as is". You could inform the seller of this little fact and ask for your money back. From dmv.ca.gov website:
"Reporting the sale or transfer of a vehicle or vessel to the DMV does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the DMV receives a completed application for transfer of ownership and payment of appropriate fees from the new owner"
http://dmv.ca.gov/portal/dmv/detail/online/nrl
It just depends on how far you want to take it. You could easily get your money back from the seller. And with back registration the dmv uses the franchise tax board to get there money now, whether it's pulling it out of your bank account or putting a lean on your house. My sister in law had $400+ taken out of her bank account for a truck she sold 4 years ago and paperwork was never finished. She is still trying to get her money back 1 year later. A friend had a lean put on his house for a dirt bike he sold and he didn't take the warning letters seriously.
"Reporting the sale or transfer of a vehicle or vessel to the DMV does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the DMV receives a completed application for transfer of ownership and payment of appropriate fees from the new owner"
http://dmv.ca.gov/portal/dmv/detail/online/nrl
It just depends on how far you want to take it. You could easily get your money back from the seller. And with back registration the dmv uses the franchise tax board to get there money now, whether it's pulling it out of your bank account or putting a lean on your house. My sister in law had $400+ taken out of her bank account for a truck she sold 4 years ago and paperwork was never finished. She is still trying to get her money back 1 year later. A friend had a lean put on his house for a dirt bike he sold and he didn't take the warning letters seriously.