Luna

I. FACTUAL AND PROCEDURAL BACKGROUND

Crane was the general contractor on the construction project for a four- story multi-unit residential building in Irvine. Crane hired SSI to perform plastering and stucco services on the project. Luna worked as a plasterer for

SSI.

The contract between Crane and SSI specified that SSI would provide “all labor, material, scaffolding, equipment, tools, adequate supervision and business licenses necessary to perform the work of lath and plaster.” It stated further that SSI was to “inspect and maintain scaffold daily,” and “remove [its] scaffolding upon direction of [the] on-site superintendent.” SSI contracted with NCS to provide the labor and equipment to erect the necessary scaffolding on the exterior of the building. The contract specified

2 that the scaffolding would consist of three-foot wide frames with guardrails and planks as needed. On August 8, 2018, Luna was applying plaster to the inside of balcony areas on the fourth floor of the building and used the scaffolding to move from one balcony to the next. While attempting to step onto a balcony from the scaffolding, Luna lost his balance and fell backwards towards the mid-rail of…