Chavez

I. Background

2 Defendants Jeffrey and Dora Solinas (Solinas) leased an office in a building they owned in Watsonville to plaintiffs Federico and Rafael Chavez “dba Truck Driving 3 Institute” (Chavez) in 1997. The lease described the “demised premises” as “OFFICE 1150 MAIN ST. SUITE No. 8.” Suite 8 was on the second floor of the building and was accessible only by an exterior stairway. Solinas at all times took responsibility for maintaining the stairway. The lease required Chavez to maintain the “demised premises” and “such portions adjacent to the premises, such as sidewalks, driveways, lawn and shrubbery” in “good condition.” The lease also provided: “Lessor shall not be liable for any damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused.” In November 2004, the City of Watsonville notified Solinas of numerous code violations at 1150 Main Street. Several of these code violations pertained to the stairway to the second floor. The treads were worn, were not slip resistant, and were “recessed,” thereby creating a “trip…