Chevron U.S.A., Inc. v. Superior Court

Petitioners Chevron, U.S.A., Inc., G & B Construction, Jack Moseley, Bavid Moseley, and Gary Moseley seek a writ of mandate compelling the trial court to grant their motion for summary judgment. We will deny the petition, on the ground petitioners failed to satisfy the demands of Code of Civil Procedure section 437c. This case is a laboratory example of the application of section 437c; we publish for this reason alone.

Facts and Procedural History

Petitioners hired Whitten Excavation Company, an independent contractor, to haul water. Whitten employed real party Peter Cobb to drive a water truck. He was doing so when he lost control of the truck and it overturned. The accident took place “at South 10th Street (also known as 25 Hill Road), 148 feet north of Buena Vista Place, Kern County, California.” Petitioners were the agents and employees of each other and were acting within the course and scope of such agency at all relevant times.

Real parties allege in the fifth cause of action that petitioners are liable for Cobb’s injuries arising out of the accident for the following reasons:

Petitioners brought a motion for summary judgment and, in the alternative, for…