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PAGE 22Legal Update
Defense and Indemnity– Daza v. Los Angeles Community
College Dist. (2016) 247 Cal.App.4th 260
FACTS
• An adult student sued the District and a guidance counselor alleging that
the counselor had sexually assaulted her.
• District refused to defend and indemnify the counselor stating that the
alleged conduct was outside the course and scope of employment.
• District settled the student’s lawsuit so no factual determinations were
ever made regarding whether the alleged actions occurred or, if they did,
whether they were in the course and scope of employment.
• Counselor then sued the District to recover the attorneys’ fees he spent
defending against the student’s claims.
Legal Update
Defense and Indemnity– Daza v. Los Angeles Community College Dist. (2016)
247 Cal.App.4th 260
Holding
• The determination as to whether an employee acted within
the course and scope of employment is a factual one and is
not limited to a third party’s unproven allegations when the
allegations are denied by the employee.
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