Morales-Simental

*448 I. INTRODUCTION

Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al. 1 appeal from summary judgment granted in favor of defendant and respondent Genentech, Inc., one of the defendants in this personal injury case. Morales-Simental alleges that she, *322 with the other named plaintiffs, suffered injuries and sustained damages as a result of the negligence of defendant Vincent Inte Ong, an employee of Genentech, when Ong's vehicle collided with the vehicle in which the decedent was riding.

The issue presented to us is whether Genentech's employee, Ong, was acting within the scope of his employment when he was involved in the automobile collision that killed Marisol Morales. Genentech asserts the trial court correctly determined the "going and coming" rule precludes Genentech's liability because Ong was driving to Genentech for his own convenience and not at Genentech's request or as part of his regular duties. Plaintiffs argue Genentech is liable under the "special errand" exception to the going and coming rule because at the time of the collision Ong was on a special errand requested by Genentech or as part of his regular duties. Plaintiffs contend there are…