Moradi

BACKGROUND

The allegations and facts in this appeal are taken from the pleadings and the papers submitted in connection with the summary judgment motion. Around 1997, Judy Bamberger commenced employment with Marsh USA, Inc., an insurance broker doing business as Marsh Risk & Insurance Services (Marsh). Bamberger worked at the Marsh office at 777 South Figueroa Street in downtown Los Angeles. She lived on Reforma Road in Woodland Hills. Bamberger worked for Marsh as a salesperson. She was primarily responsible for developing new business. She generated new sales by cold-calling, forming relationships with influential people, providing educational seminars, making presentations, and becoming involved with different organizations such as the Chamber of Commerce, the Rotary Club, and insurance associations. She met with prospective clients, typically at their location and convenience; meetings could occur before, during, and after regular work hours. To reach these various destinations, Marsh required Bamberger to use her personal vehicle, a 2009 Nissan Maxima. She was allowed to stop and see prospective clients on the way home. Two to five times a week, Bamberger used her personal…

An employee of an insurance broker was required each workday to drive to and from the office in her personal vehicle. During the workday, the employee had to use her vehicle to visit prospective clients, make presentations, provide educational seminars, follow leads, and transport company materials and coemployees to work-related destinations.

On April 15, 2010, the employee left the office at the end of the workday and began driving in the direction of her home. She had decided that, on the way, she would stop for some frozen yogurt and take a yoga class. As the employee made a left turn at the yogurt shop, she collided with a motorcyclist.

The motorcyclist filed this action against the employee and her employer. The trial court granted the employer’s motion for summary judgment on the ground that the employee was not acting within the scope of her employment when she was making a left turn to get to the frozen yogurt shop. The motorcyclist appealed.

We reverse. Because the employer required the employee to use her personal vehicle to travel to and from the office and make other work-related trips during the day, the employee was acting within the scope of her…

I agree that because Bamberger’s planned stops on the way home were minor deviations rather than substantial departures from her normal commute, the required vehicle exception to the coming and going rule applies. I therefore concur in the judgment.

Respondent’s petition for review by the Supreme Court was denied December 18, 2013, S214248.