Borg-Warner Protective Services Corp. v. Superior Court

Opinion

RICHLI, J.

We hold that a security guard company is not liable for the arson committed by one of its employees who was acting outside the course and scope of his employment. In so holding we determine that Business and Professions Code section 7582.15 1 does not abolish the common law doctrine of respondeat superior in requiring that an employee be acting in the scope of employment in order to hold an employer liable for the employee’s acts.

We conclude, therefore, that the trial court erred in denying summary adjudication of a cause of action which seeks to hold a security guard company…