De la Sol v. Xerox Corp. CA1/5

FACTS AND PROCEDURAL HISTORY

TDC is a business that sells and services copiers, printers, fax machines and related products. It is an authorized sales agent for office equipment manufactured by Xerox, though it also sells products from other manufacturers. TDC employs repair technicians but does not provide them with company cars. Instead, it compensates the technicians for using their own vehicles by reimbursing them for mileage, parking and tolls.

1 In 2007, Xerox and TDC entered into a “Business Relationship Agreement” that authorized TDC to market certain Xerox products. The Business Relationship Agreement provides: “[¶] 2.1 Business Associate [TDC] is an Independent Contractor. Business Associate’s sole relationship with Xerox shall be that of an independent contractor. Business Associate shall make no warranties or representations, or assume or create any obligations on Xerox’s behalf, except as may be expressly permitted by Xerox. Each party shall be solely responsible for the actions of all their respective employees, agents and representatives.” Xerox and TDC also executed an “Authorized Sales Agent Schedule” authorizing TDC to represent Xerox as an authorized sales…