California Court of Appeal

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Daza v. LA Community College Dist., 261525

In an action arising out of a case in which an adult student sued her school and a guidance counselor alleging sexual assault, which she later dropped after the school settled her main case, the trial court's denial of the guidance counselor's motion seeking indemnity and reimbursement for his defense is reversed where, although the sexual assault alleged in the main lawsuit fell outside the scope of the guidance counselor's employment as a matter of law, under a proper interpretation of Gov. Code section 996.4, the determination of whether an employee acted within the scope of employment is factual and cannot be limited to the third party's allegations in the underlying lawsuit when the employee denies those allegations, and the employee's version of events would demonstrate acts within the scope of employment.

Appellate Information

  • Decided
  • Published 2016/05/06

Judges

  • FLIER

Court

  • California Court of Appeal

Counsel

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