Wang

I. INTRODUCTION

Plaintiffs Dongsheng Wang and Xingdi Meng sued defendant Core General Contractor, Inc. (Core) after its employee, Mitulkumar K. Patel, allegedly struck Wang in a crosswalk while Patel was driving to work. Core moved for summary judgment on the ground that it was not vicariously liable for the conduct of its employee, because Patel was driving his personal vehicle to work at the time of the accident. The trial court granted the motion. Plaintiffs filed a motion for a new trial, which the court denied. On appeal, plaintiffs contend that the trial court erred in granting Core’s motion for summary judgment and in denying their motion for a new trial because triable issues of material fact exist regarding the employee’s use of his vehicle for work. For reasons that we will explain, we will affirm the judgment in Core’s favor.

II. BACKGROUND

A. The Accident Patel was the driver of the vehicle that hit Wang in January 2010. At the time of the accident, Patel was employed by Core and was driving from home to work in his wife’s car. B. The Complaint Wang and Meng filed a complaint against Patel and others. Plaintiffs alleged that Patel drove and struck Wang who was…