What is the test for determining whether conduct is within the scope of employment?
California, United States of America
The following excerpt is from Farmers Ins. Group v. County of Santa Clara, 26 Cal.App.4th 1154, 31 Cal.Rptr.2d 874 (Cal. App. 1994):
Ordinarily, whether conduct is within the scope of employment is a question of fact. However, where the operative facts are undisputed the question becomes one of law. (White v. County of Orange (1985) 166 [26 Cal.App.4th 98] Cal.App.3d 566, 570, 212 Cal.Rptr. 493.) In this case the material facts are undisputed, so the question is one of law.
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