Defendant The California Republican Party’s (CRP’s) Motion for summary judgment against the Complaint, appears to be proper to GRANT. There doesn’t appear to be a triable issue left concerning the Defendant’s vicarious liability for the accident under the theories of principal/agent, employment relations, or special employment relations which the Plaintiffs have made in the case.
The Court does not address the Plaintiffs’ apparent new theory of joint venture liability, raised in the Opposition. It doesn’t appear to be mentioned in the Complaint itself, or in the Plaintiffs’ discovery responses. The Court will therefore treat this as a request by the Plaintiff to amend the pleading. Before the entry of judgment, Plaintiffs may therefore promptly move for leave to amend the complaint to include the theory.
The Scope of Motion
According to the undisputed evidence, Defendant Joseph Chavez was driving the vehicle at the time of the accident, and defendant Abraham Chavez was the owner of the