What is the test for determining whether an employee has acted within the scope of employment?

California, United States of America


The following excerpt is from Arce v. Associated Students, B238387 (Cal. App. 2013):

"'Ordinarily, the determination whether an employee has acted within the scope of employment presents a question of fact; it becomes a question of law, however, when "the facts are undisputed and no conflicting inferences are possible."' [Citation.]" (Farmers Ins. Group v. County of Santa Clara (1995) 11 Cal.4th 992, 1019, fn. omitted.)

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