bought a car and "SES' light came on the next day?

I bought a car from private party and took the car to DMV
for title transfer on the next day. The officer told me that the car didn’t have valid smog test record. The title transfer was not completed. Then I found the "SES" light was on and I called a technician and he said a car with "SES" on would not pass the smog test. Then I realized this might be a deceptive sell. I contacted the seller and told him that he cannot sell a car without a valid smog test. On the next day, he took the car to smog and surprisingly the car passed. I suspected the result so I took the car for an OBDII error scan in AAMCO shop. The technician found out 2 errors and said the car should not pass the smog test. I feel I was cheated. I did not finish the title transfer yet. Today I brought the car to a smog test station and asked for a test to see if it would pass. The technician refused me,saying: as a technician, it will not pass with that light on.

A little more information: the seller posted the ad. with "smog passed". Without these words, I would not pay attention to his ad. But in fact, he did not have a valid smog certification in order to sell his car. Can I say that this is intentional fraud? In addition, he did not disclose the "SES" problem.

Till now, about 4 technicians have told me there is no possibility that the car could pass the smog test. So I highly suspect the seller and the smog guy did some illegal deal. How to regulate such illegal transactions?

Since he got the money, the seller disappeared and did not answer any of my phone calls and emails even when the title transfer is not complete yet (in california, you have 10 days to do it). So can I say the car is still in his and with problems need to be fixed?

Some friends told me it is not legal to sell a car with such a problem. The seller must fix the problem and make the vehicle pass the smog test and then sell. In my case, I think the seller was dishonest in this transaction and were selling a car with problem that needed to be fixed before legal selling.

Since the seller is very irresponsible (totally disappeared and ignored any of my contacting) in after-sale transaction period, I am planning to sue in a small claim court.

Can anyone help me with this case? I really appreciate your advice.
Called DMV just now. The staff I talked with was very impatient (maybe because I am a foreigner..). She said she did not see anything wrong and I need to go to DMV and transfer the title because I have all the paperwork ready. I said the smog test result might be illegal and she said it’s nothing to do with DMV. DMV did not do smog test or regulate them.

Also called BAR to talk about the SES problem and the two error codes. The adviser said the car might pass with one of the error code. But as for the second one, they must did some manipulation on the car such as reset the computer and drove for a while and let the car pass the test shortly. But in the long run, the problem will appear again.

So is it legal for them to do smog test in that way?

After talking with them, I felt I was discouraged. They are not there trying to help people in trouble but pushing you to do this and that.

Anyway, I will go to the court and disclose the illegal test. But I have to transfer the title first.

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