Cherewick

I. BACKGROUND1

21 Plaintiff Randolph Cherewick is a resident of San Diego, California, and owner of 22 a 2008, 27’ Boston Whaler boat (“vessel”). In July 2015, Plaintiff delivered the vessel to 23 Oceanside Marine Center (“OMC”) for the inspection and repair of three Honda outboard 24 engines. Other than the engines, the vessel was in good condition. Plaintiff selected

26 1 The following overview of the facts are drawn from Plaintiff’s Complaint, which the Court assumes true in analyzing Defendant’s motion to dismiss. Erickson v. Pardus, 28 OMC to repair the vessel because OMC was well known in the City of Oceanside and was recommended to the Plaintiff by a reputable yacht broker. Plaintiff prepaid OMC over $17,000.00 for any parts or materials prior to work commencing. On November 18, 2015, OMC’s employee and General Manager, Butch Hainsworth represented to the Plaintiff that while conducting a sea trial of the vessel, OMC had “bumped” into a dock, causing minor damage to the vessel, which OMC would repair at its own cost. At the time of the collision, Plaintiff had no basis upon which to doubt the veracity of OMC’s…