Motion denied. Triable issues of fact exist.

This action arises out of a multi-fatality/injury automobile accident that occurred when Defendant Joshua Brown was on his way to work for Defendant Forest Lawn Memorial -Park Association. Forest Lawn is alleged to be basis liable under the basis that Brown was not acting in the course and scope of his employment with Forest Lawn when the accident occurred.

Forest Lawn moves for summary judgement on the grounds that there is no triable issue of fact that Brown was not acting within the course and scope of his employment with Forest Lawn when the accident occurred.

There is a triable issue of fact whether Brown was acting in the course and scope of his employment with Forest lawn when the accident occurred. “Generally, the issue of scope of employment is a question of fact. (Citation.) However, the issue becomes a question of law when the facts are undisputed and no conflicting inferences are possible. (Citation.)” (Perez v. Van Groningen