Jordan v. Canale Foods, Inc.

Opinion

FILES, P. J.

This is a personal injury action arising out of an automobile accident which occurred January 6, 1967. Plaintiff is here appealing from a summary judgment in favor of respondent Canale Foods, Inc. (hereinafter the corporation), which was granted upon a showing that that company had nothing to do with the accident. The appeal involves none of the other parties to the action, and none of the other issues in the personal injury case.

The theory of plaintiff was and is that the truck which struck him was owned or operated by a joint venture, of which the corporation was a member.

The judgment must be affirmed because the corporation has shown by competent detañed declarations under oath that it had no relationship with the owner and operator of the truck which would cause liability to be imputed to it. No showing was made by plaintiff which would raise any issue as to a material fact. (See

Coyne

v.

Krempels

(1950) 36 Cal.2d 257 [223 P.2d 244].)

The formal organization of three entities will be stated first.

Canale Foods, Inc. is a California corporation engaged in the industrial

[636]

catering business. The stock is owned solely by its president, Luigi Canale, Jr., and his wife.

Canale Enterprises, Limited (hereinafter Enterprises) is a family partnership managed by Luigi Canale, Jr., who is one of the partners. Enterprises operates catering routes and owns a building at 2627 Durfee Avenue, El Monte.

Prior to December 1965, Luigi Canale, Jr., developed the business of providing in-plant catering service for two manufacturing companies, Spectral Electronics and Hycon Manufacturing. As of December 1, 1965, this business was transferred to a joint venture known as Fred & Lou Caterers, composed of Luigi Canale, Jr., and his uncle, Fred Engels. There is some evidence that Canale was acting on behalf of Enterprises in this business. Fred & Lou Caterers operated the business for one month only. As of January 1, 1966, the interest of Canale was sold to Edward R. Anton and C. H. Begerow, and the name of the business was changed to Fred and A. & B. Catering. As consideration, Anton and Begerow paid to Canale $25,500 cash and transferred a truck valued at $5,875.45. The cash was deposited in the bank account of Enterprises. These new investors had no experience in the catering business, and relied on Luigi Canale, Jr., to see that it would be managed properly.