Morales

BACKGROUND

Morales filed a complaint against Michael Maldonado and CMI, alleging Maldonado had negligently caused a motor vehicle accident that resulted in injuries to Morales. On the morning of August 15, 2022, Maldonado was driving in his personal vehicle from his home to a CMI job site in San Mateo. Maldonado was employed by CMI as an apprentice with the sheet metal fabricators union. Maldonado rear-ended Morales while traveling on the freeway. It is undisputed that, at the time of the accident, Maldonado was not making any work-related phone calls, transporting clients, performing errands, or delivering any goods, products, or materials for CMI. And CMI did not compensate or reimburse Maldonado for his commute time. CMI moved for summary judgment, arguing it could not be vicariously liable under the going and coming rule because Maldonado was commuting to work when the accident occurred. Morales opposed the motion, arguing that two exceptions to the going and coming rule apply here. First is the “required vehicle exception,” which provides that an employee’s commute is within the scope of employment if an employer requires an employee to drive to and from the workplace “ ‘so…