Avila

Plaintiffs Myra Cruz Avila, Luis Arvizu and Soledad Macias appeal an order granting a motion for summary judgment in favor of defendants Standard Oil Company of California (Standard Oil) and Gil Stephens Enterprises, Inc. (Stephens).

On August 6, 1981, plaintiffs were injured when a pickup truck driven by Elias Meza, Jr., went out of control and struck them as they were walking down the street. Myra Cruz Avila and Luis Arvizu, by and through their guardians ad litem, and Soledad Macias filed an unverified complaint for damages for personal injuries sustained as a result of the accident, naming, inter alia, Elias Meza, Jr. (Meza), Ernesto Hernandez (Hernandez), Standard Oil and Stephens as defendants. The complaint in substance alleged on the date of the accident Meza and Hernandez were acting within the course and scope of their employment at the Stephens gas station.

Standard Oil and Stephens moved for summary judgment on the ground there were no triable issues of fact upon which to impute liability to them as Jvleza’s and Hernandez’ employers.

Recital of Facts on Motion for Summary Judgment

The following facts are based on the moving papers, opposition thereto, and…