Gipson v. Davis Realty Co

In Gipson v. Davis Realty Co. (1963) 215 Cal.App.2d 190, the salesperson worked for and in the offices of the realtor, and there seems to have been no question that the noon hour accident occurred during the salesperson's work day. (Gipson, supra, 215 Cal.App.2d at p. 195.) Argument on the other side was not that the salesperson was acting outside the scope of his employment at the time of the accident but, rather, that the leased space arrangement and other circumstances, like a low degree of control exercised over him, showed that there was no employer/employee relationship at all. (Id. at pp. 200, 204.)