Snyder

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY ADJUDICATION AND FOR SUMMARY JUDGMENT; GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

(Docket Nos. 76, 86, 98)

Before the Court are the motions of (1) defendants Enterprise Rent-A-Car Company of San Francisco (“ERAC-SF”), Enterprise Rent-A-Car (“ERAC”), and ELCO Administrative Services Company (“ELCO”) for summary judgment or, in the alternative, partial summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, and (2) plaintiffs Dale Snyder and Michael Snyder for summary adjudication of the issue of negligence as to Counts I and II, as to all defendants, and for summary judgment on Count TV, as to ERAC-SF and ERAC, pursuant to Rule 56. Having considered the papers filed in support of and in opposition to the motions, the Court rules as follows.

BACKGROUND

On August 18, 2002, Marc Holland (“Holland”) rented a 2002 Ford Escort from ERAC-SF. (See Duley Dec!., filed October 22, 2004, Ex. 5; Watt Decl., filed November 5, 2004, Ex. B.) At the time Holland rented the subject vehicle, his driver’s license was…