Ayon v. Esquire Deposition SolutionsAnnotate this Case
Plaintiff Jessica Ayon appealed an adverse summary judgment in a personal injury case. Late one evening in May 2013, Brittini Zuppardo was driving home from her boyfriend’s house while talking on the phone with Michelle Halkett. Zuppardo was defendant Esquire Deposition Solution’s (Esquire) scheduling manager; Halkett was a court reporter for Esquire. Zuppardo’s vehicle struck plaintiff, who suffered significant injuries. The issue here at trial was whether Esquire could be held liable under a theory of respondeat superior. In their depositions, both Zuppardo and Halkett testified they were good friends and were talking about family matters on the evening of the accident. It was not within Zuppardo’s job description to call court reporters after hours for work purposes, though on rare occasions she had done so. Plaintiff contended a jury could have inferred from evidence admitted at trial that the two did not, in fact, have a close friendship, and that the call concerned work matters, not personal matters. Code of Civil Procedure section 437c(e) provided that “summary judgment shall not be denied on grounds of credibility,” with certain exceptions. The Court of Appeal determined no execution could be applied in this case; ultimately, plaintiff had no evidence that Zuppardo was operating within the scope of her employment at the time of the accident. Plaintiff attacked Zuppardo’s and Halkett’s credibility. "But that is not enough, and thus the court correctly granted summary judgment."