An agent is one who represents another, called the principal, in dealings with third persons. (Civ. Code, § 2295.) In California, an agency is either actual or ostensible. (Civ. Code, § 2298.) An agency is actual when the agent is really employed by the principal. (Civ. Code, § 2299.) Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. (Civ. Code, § 2316.) An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another to be his agent who is not really employed by him. (Civ. Code, § 2300.) Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess. (Civ. Code, § 2317.)
The existence of an agency is a factual question within the province of the trier of fact whose determination may not be disturbed on appeal if supported by substantial evidence. Inferences drawn from conflicting evidence by the trier of fact are generally upheld. Only when the essential facts are not in conflict will an agency determination be made as a matter of law. (Secci v. United Independant Taxi Drivers, Inc. (2017) 8 Cal.App.5th 846, 854.)