Navarrete

Plaintiffs and appellants Miriam Navarrete and her minor children Bryan, Stephanie, and Steven Navarrete (collectively Navarrete) appeal from a summary judgment in favor of defendant and respondent Hayley Meyer on plaintiffs’ claims for violation of Vehicle Code section 21701 and civil conspiracy arising from allegations that Meyer, a passenger in a vehicle, told the driver to drive at an unsafe speed over a road Meyer knew had unusual conditions that would cause the car to become airborne, resulting in a fatal accident. In granting summary judgment, the trial court ruled there was no evidence to suggest Meyer’s act of telling the driver to drive faster affected his control over the vehicle and therefore no triable issues of material fact as to either cause of action. Navarrete contends the evidence raises triable issues for a jury as to whether to impose joint liability on Meyer for her conduct on the night in question on a theory of concert of action or conspiracy, and also as to whether she unreasonably interfered with the safe operation of a vehicle within the meaning of Vehicle Code section 21701 to support a cause of action. We agree and reverse.

FACTUAL AND…