Steward

I.

INTRODUCTION

Plaintiff Norma Steward appeals from a judgment entered in favor of defendant

Board of Trustees of the California State University (CSU). The trial court granted

CSU's motion for summary judgment on the ground that the undisputed facts establish that CSU may not be held liable for an accident caused by CSU employee (and

codefendant in the underlying action) Dennis Guseman. Guseman was on his way to

have breakfast with a former colleague before going to work when the accident occurred.

On appeal, Steward argues that summary judgment in CSU's favor was improper

because there remain material questions of fact related to either of two possible theories

of respondeat superior liability. First, she contends that the trial court erred in concluding

that, as a matter of law, Guseman's breakfast meeting with his former colleague was a

personal errand and did not come within the scope of his employment. According to

Steward, if the trial court had properly concluded that there remains a factual dispute as

to whether the breakfast meeting had a business purpose, then it is possible that Guseman

could be found to have been on his way to "work" at…