Lopez

We treat this appeal by Frances Lopez from a minute order granting summary judgment on her complaint in favor of defendant Friedman Brothers Investment Company (Friedman) as a petition for writ of mandate. The primary issue before us is whether Friedman, the owner and lessor of the commercial premises where Lopez allegedly fell, established it was entitled to judgment as a matter of law.

Factual and Procedural Background

Lopez and Friedman agree that the following facts are undisputed. Friedman owned about 25 acres of farmland upon which stood a produce stand, Hubbard Farms, operated by Sam and Pina Scattaglia under a lease executed in 1977. The term of the lease was for one year, but the lease was renewed on an annual basis thereafter, up to and including the time of Lopez’s slip and fall in 1991. Pursuant to the terms of the lease, the Scattaglias were entitled to farm the land and sell the harvested produce at the stand; the lease permitted the lessees, at their expense, to erect a small building for selling the produce, which improvement was to become part of the realty and belong to the lessor. The lease also provided that the lessor “shall have the absolute right…