Vasquez

MEMORANDUM *

We affirm the district court’s grant of summary judgment on all of Manuel Mendez and Mendez Trucking Inc.’s counterclaims and on T.H.E. Insurance Company’s claim for declaratory relief.

We agree that Mendez fails to raise a genuine issue of material fact as to Varner’s ostensible agency. “[Tjhere are three requirements necessary before recovery may be had against a principal for the act of an ostensible agent. The person dealing with the agent must do so with belief in the agent’s authority and this belief must be a reasonable one; such belief must be generated by some act or neglect of the principal sought to be charged; and the third person in relying on the agent’s apparent authority must not be guilty of negligence.” Associated Creditors’ Agency v. Davis, 13 Cal.3d 374, 399 , 118 Cal.Rptr. 772, 788 , 530 P.2d 1084 (1975); Cal. Civ.Code § 2300; Cal. Civ. Code § 2334 . Mendez raises a triable issue of fact as to his reasonable belief that Varner was an agent of T.H.E., and Mendez’s failure to read and complete the application form before signing it does not constitute negligence in ascertaining Varner’s status as an agent. However, Mendez cannot point to a…