Alaubali
Alaubali v. Rite Aid Corp.
Opinion
Lead Opinion
MEMORANDUM ***
Salwa Sanany Alaubali and Baraka Sa-nany (“the Alaubalis”) appeal from the district court’s summary judgment in favor of Rite Aid Corporation. Reviewing de novo, see Northrop Grumman Corp. v. Factory Mut. Ins. Co., 538 F.3d 1090, 1094 (9th Cir.2008), we affirm.
The Alaubalis seek to hold Rite Aid liable for negligently entrusting its trailers to a driver employed by Swift Transportation, Inc., a carrier hired by Rite Aid. They allege that the driver’s lack of adequate training caused the death of their decedent, also an employee of Swift.
Under California law, which governs the Alaubalis’ claim, “[liability for negligent entrustment is determined by applying general principles of negligence.” Truong v. Nguyen, 156 Cal.App.4th 865, 875 , 67 Cal.Rptr.3d 675 (Cal.Ct.App.2007) (quoting Allen v. Toledo, 109 Cal.App.3d 415, 421 , 167 Cal.Rptr. 270 (Cal.Ct.App.1980)). The elements of a cause of action for negligence are “(a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury.” Id. (citation, internal quotation marks and alterations omitted). In support of their contention that Rite…