Weiss v. Chevron, U.S.A., Inc.

Opinion

ARABIAN, J. Introduction

Plaintiff Phyllis Y. Weiss (plaintiff) appeals from the granting of summary judgment in favor of defendant Chevron U.S.A., Inc. (Chevron). The trial court ruled that plaintiff had failed to raise a triable issue of material fact as to Chevron’s vicarious liability for her injuries, finding no principal/agent relationship between Chevron and any other party defendant. We affirm.

Procedural and Factual Background

On July 3, 1985, plaintiff sustained personal injury when she was a passenger in a vehicle driven by defendant Jacob Taboul, which collided with another vehicle driven by defendant Robert Valenzuela. Valenzuela was employed by defendant Ernest Davies, who owned and operated a service [1097]station doing business as Ernie Davies Chevron, another party defendant.1 Plaintiff also joined Chevron, on the theory that it was vicariously liable for the negligence of its agents, the Davies defendants.

Chevron answered the complaint, denying all liability. After conducting discovery, it moved for summary judgment on the ground that plaintiff had no evidence establishing an agency relationship with Davies, citing to her answers to interrogatories. Plaintiff opposed the motion on the ground that she had no affirmative burden; Chevron must negate any relationship.

Chevron filed a formal reply to the opposition, indicating that the infirmity in its initial motion resulted from the erroneous omission of a declaration by one of its management employees and certain supporting documents, which now accompanied its reply. Chevron also agreed to stipulate to a reasonable continuance of the hearing on the summary judgment motion to enable plaintiff to depose the declarant and file substantive opposition or additional evidence.

Hearing on the motion for summary judgment was continued approximately two months on the court’s own motion. In response to Chevron’s reply, plaintiff filed an objection and motion to strike the evidence submitted with the reply, asserting that the court could not consider any supporting papers not accompanying the original motion for summary judgment. Plaintiff did not counter Chevron’s evidence substantively.

The trial court denied the motion to strike and granted summary judgment, finding that Davies was not an agent of defendant Chevron. Plaintiff filed a timely notice of appeal.