Carrera v. Alefosio
An employer may be vicariously liable for the torts its employee commits while acting within the scope of his employment. Scope of employment is generally a question of fact. Here, the trial court’s decision to dispose of the case by summary judgment as a matter of law was improper. However, defendants met their burden to establish plaintiffs cannot prove negligence, so they are entitled to summary adjudication on the negligence causes of action. We do not reach the alter ego issue because the trial court should rule in the first instance. Finally, we find no error in defendants’ notice of the summary judgment hearing. We reverse the judgment and remand to the trial court for further proceedings consistent with our opinion.
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