Background Facts

Plaintiff, Brian Ranger filed this action against Defendant, Alamitos Bay Yacht Club for damages arising out of personal injuries sustained while Plaintiff was working for Defendant. Plaintiff filed his original complaint on 7/01/19. The original complaint alleged that Defendant owned, operated, etc., the vessel “Lathan B” in a dangerous manner; specifically, the vessel lacked a proper and safe deck, ramp, gangway, plank, or other safe means of access. Plaintiff, employed by Defendant, had just assisted a co-worker in lowering the Latham B into the water using a boom and hook, when he then tried to board the vessel from a dock directly onto an uneven, slippery, and sloped surface at the bow of the vessel without means of maintaining balance and stability. Plaintiff fell and sustained serious injuries.

Defendant and Plaintiff met and conferred in an attempt to avoid a demurrer to the original complaint. As a result of the meet and confer efforts, on 8/13/19, Plaintiff