Holt

The primary issue raised on appeal by the appellant (Holt) in this case is whether he was acting within the course and scope of his employment by respondent (Booth) when he (Holt) negligently injured a third party. We will conclude that there is sufficient evidence to support the judgment entered below to the effect that Holt was not acting within the course and scope of his employment at the time of his accident. Before reaching that issue of substantive law, however, it is necessary to address issues of appealability and standing which are raised by the procedural posture of the case.

Facts

During the latter portion of 1985, Booth operated a chain of four video rental stores under the fictitious business name of Video Depot. The stores were located in Cathedral City, Indian Wells, Indio and Palm Springs. The stores were normally open to the public from 10 o’clock in the morning to 8 o’clock in the evening from Monday through Saturday, and from 12 o’clock noon to 6 o’clock in the evening on Sundays.

Holt was first hired by Booth to be a counter clerk in the Palm Springs store. In November 1985, Holt was promoted to the position of a “manager in training” and was…