Castro

This is an appeal by plaintiff, Marina Castro, from two judgments (Code Civ. Proc., § 58Id) dismissing her second amended complaint as to defendants, the State of California and the County of Los Angeles only, following the sustaining, without leave to amend, of their respective general demurrers to the pleading. The appeal lies. (Code Civ. Proc., § 904.1, subd. (a); 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, pt. 1, § 42, p. 4057.)

The fundamental question posed by this appeal is whether defendants state and county may be held liable for injuries allegedly inflicted upon plaintiff when she was struck while in a crosswalk by an automobile allegedly negligently operated by defendant Sederberg, while responding to a summons to serve as a trial juror in the superior court. The- answer to this question depends upon the answers to two subsidiary questions: (1) Was Sederberg then an employee or servant of either the state or the county? (2) If so, was he at the time of the accident acting within the scope of that employment? Since we answer both the subsidiary questions in the. negative, our answer to the fundamental question will likewise be in the negative. We therefore…