On Feb. 10, 2012, plaintiff Alexander Vera, 17, a high school student, was a guest of a renter and his family at a development in San Clemente, which was operated by Verano at Talega Homeowners Association and Millennium Community Management Inc. Alexander and several other high-school-aged friends were consuming alcohol at the residence for several hours. Sometime around 10 p.m., the group decided to go swimming in the residence’s pool. There was conflicting testimony as to whether any deck pool lighting or in pool lighting was on when the group entered the pool area. After spending approximately 20 minutes in the spa, Alexander got up from the spa and ran over to the swimming pool, which was approximately 20 feet from the spa, and jumped in. It was undisputed that at the time Alexander dove into the pool, there were no lights on in the pool or on the pool deck. As a result, Alexander was unaware of the depth of the pool and fractured his spine. Alexander sued Verano at Talega Homeowners Association and Millennium Community Management Inc. He alleged the defendants failed to properly maintain the swimming pool area. Verano at Talega and Millennium Community subsequently brought a third-party claim against the tenants whose home the underage teenagers were drinking at prior to the incident. They alleged that the tenants improperly allowed underage teens to consume alcohol and then use the homeowners association’s pool. Plaintiff’s counsel contended that Verano at Talega and Millennium Community were liable for the incident, as they failed to “secure the pool area” and prevent access to the unlit pool, as required by the California Code of Regulations. Counsel noted that, as early as 2006, the homeowners association’s board and property managers were made aware of frequent access to the pool after the lights in and around the pool area went out. The homeowners association’s own patrol company made recommendations of changes that could be made that would preclude access to the pool area when unlit. However, plaintiff’s counsel contended that the recommendations were never implemented and as such, Alexander and his friends had unimpeded access to the unlit pool area on the date of the incident. Plaintiff’s counsel further contended that the defendants’ pool was unsafe insofar as it failed to have conspicuous “NO DIVING” signs, as any such signs were unlit at the time Alexander was in the pool area. Counsel asserted that the pool was improperly designed in that it had a side-mount ladder facing the area where Alexander dove, giving Alexander the illusion that he was diving into the deep end. Counsel also asserted that the pool failed to have tile markings on the stairs in the area where Alexander dove and failed to have depth markers on the sides of the pool to warn Alexander that the pool was shallow in the area he dove. In addition, plaintiff’s counsel asserted that the pool area could be accessed through two gates, giving Alexander the illusion that he was entering the pool area at the shallow end (having entered the pool area through the back gate) when, in fact, he entered at the deep end. Alexander conceded from the outset of the litigation that he would bear some comparative fault for diving into a dark pool while intoxicated. Defense counsel asserted that Alexander was completely responsible for his as a result of diving into a dark pool while intoxicated. Counsel noted that Alexander’s estimated blood alcohol content was 0.20. In addition, defense counsel contended that the pool complied with all regulations and that the self-latching and locked gate to the pool area satisfied the requirement that the pool area be “secure.”, Alexander sustained cervical fractures at the C4, C5 and C6 levels, and compressions and contusions from C3 to C7. He was subsequently unable to move his arms and legs after the accident and was transported to Mission Hospital. Alexander is now a C2 tetraplegic, with limited gross use of one of his upper extremities. Thus, he sought recovery of $6 million in damages. Defense counsel contended that Verano at Talega and Millennium Community were not responsible for Alexander’s pursuant to recreational immunity codified in Civil Code § 846. Counsel also contended that Alexander’s future medical necessities was estimated to only be around $2 million.