Henriksen v. City of Rialto

I respectfully dissent.

I

Introduction

The issue here is simple: did Rialto, as the moving party on a motion for summary judgment (motion) and despite the contents of Henriksen’s opposition to that motion, establish, as a matter of law, that Henriksen was not *1623acting within the scope of his employment by Rialto at the time Henriksen’s service pistol discharged and the round hit Masotto, so as to defeat Henriksen’s cross-complaint for indemnification, apportionment of fault, declaratory relief and breach of contract against Rialto?

In my opinion, Rialto did not. Henriksen’s opposition to the motion…