Razo

STATEMENT OF FACTS

I.

PLAINTIFF’S PRIOR COMPLAINTS

In January 2022, plaintiff filed the instant action against defendant. The complaint alleged three causes of action: (1) negligence; (2) respondeat superior; and (3) loss of consortium. About a year later, plaintiff filed a first amended complaint (FAC) against defendant and other entities that are not parties to the instant appeal. The FAC alleged two causes of action against defendant: (1) negligence and negligence per se; and (2) respondeat superior. In March 2023, plaintiff filed a second amended complaint (SAC), which included the same defendants and causes of action. According to the

2 SAC, plaintiff was employed by the Orange County Public Works, which was owned, managed, or controlled by defendant. As part of his employment, plaintiff cleaned debris from various locations. On one occasion, plaintiff was injured at a job site after he was instructed by his supervisor to use a “Vactor Truck,” which had “an attached hose fitted with a nozzle for spraying highly- pressurized water.” The SAC alleged defendant had modified the nozzle on the Vactor Truck that plaintiff used. The operations manager allegedly knew the modified…