KG

This action arises out of a Riverside County Sheriffs deputy molesting his stepdaughter (plaintiff). Plaintiff sued the deputy’s employer, the County of Riverside (the County), based on vicarious liability. Plaintiff appeals from a nonsuit judgment on her vicarious liability claim against the County.

Plaintiff contends the trial court erred in granting nonsuit. She claims there was substantial evidence that her stepfather, Charles B., abused his official authority as a law enforcement officer when he molested her. Therefore his sexual misconduct occurred within the scope of his employment and supported vicarious liability against the County. Plaintiff argues the trial court erroneously rejected her proposed special instructions on respondeat superior and ruled it would use the County’s instructions. As a consequence, plaintiff conceded she was unable to meet her burden of proof and requested the court to grant the County’s nonsuit motion.

In the event this court reverses judgment and the case is retried, plaintiff further requests this court to provide guidance on various evidentiary rulings plaintiff claims were erroneous.

We conclude the trial court did not commit…