Durbin

Plaintiff appeals from summary judgments entered in favor of defendants John Brewer, individually and doing business as Brewer’s Car Comer; Fresno Datsun, a corporation; and Calvin John Doerksen, in a personal injury action arising from a motor vehicle accident.

Defendants Brewer, Fresno Datsun and Doerksen all moved for summary judgment on the grounds they were not owners of a 1976 Camaro" involved in the subject accident. Plaintiff opposed the motions and moved for partial summary judgment contending the three defendants were owners of the Camaro for purposes of civil liability. In further opposition to Brewer’s motion, plaintiff argued there was a material issue of fact whether defendant Fletcher was acting in the course and scope of his employment with Brewer while driving the 1976 Camaro at the time of the accident.

Statement of Facts

On December 12, 1980, plaintiff was injured in a motor vehicle accident at the intersection of Van Ness Avenue and Divisadero Street in the City of Fresno. The accident occurred when a 1976 Chevrolet Camaro driven by defendant David Ronald Fletcher struck the vehicle in which plaintiff was a passenger. Department of Motor Vehicle…