Stepan

This is an appeal from an order dismissing the cross-complaint of Alfred and John Stepan, appellants, in response to a motion for summary judgment made by Barney Garcia, cross-defendant and respondent.

The facts relevant to the issues on appeal are as follows: On June 8, 1967, John Stepan, with consent of his father Alfred Stepan, delivered an automobile (owned by the father) to the service station owned and operated by respondent and cross-defendant Barney Garcia. The car was left overnight for the purpose of having the tires changed. During that evening the car was involved in an automobile accident while in the possession of one John M. Coony, an employee of the service station operator, Garcia. As a result of this incident two lawsuits were filed: one for wrongful death (the Brock action) and the other for personal injuries (the Johnson action). In each complaint the Stepans and Garcia, along with the administratrix of the estate of John M. Coony, were named jointly as defendants on charges of negligent operation, maintenance, control and entrustment, agency, employment, permissive use and bailment. In these actions, which were later consolidated for trial, the…