Weiss

Introduction

Plaintiff Phyllis Y. Weiss (plaintiff) appeals from the granting of summary judgment in favor of defendant Chevron U.S.A., Inc. (Chevron). The trial court ruled that plaintiff had failed to raise a triable issue of material fact as to Chevron’s vicarious liability for her injuries, finding no principal/agent relationship between Chevron and any other party defendant. We affirm.

Procedural and Factual Background

On July 3, 1985, plaintiff sustained personal injury when she was a passenger in a vehicle driven by defendant Jacob Taboul, which collided with another vehicle driven by defendant Robert Valenzuela. Valenzuela was employed by defendant Ernest Davies, who owned and operated a service *1097 station doing business as Ernie Davies Chevron, another party defendant. 1 Plaintiff also joined Chevron, on the theory that it was vicariously liable for the negligence of its agents, the Davies defendants.

Chevron answered the complaint, denying all liability. After conducting discovery, it moved for summary judgment on the ground that plaintiff had no evidence establishing an agency relationship with Davies, citing to her answers to interrogatories. Plaintiff…