Kaney

FACTS

Background Cassell has owned a residential property (property) in the City of Hermosa Beach (City) since 1972. The property has one bathroom, which has a two-step stairway leading up to a platform with a commode. The stairway did not have a handrail. Appellant’s sister, Marilyn Mazza (Mazza), rented the property from Cassell for approximately 18 years, and over that time appellant visited Mazza on multiple occasions. Sometimes

We use “stairs” and “stairway” interchangeably when referring to the stairs that appellant was using just prior to her fall.

Appellant seeks review of the denial of a motion for new trial as well as summary judgment. Because we conclude that the trial court erred when it granted summary judgment, denial of the new trial motion is moot.

2 appellant would stay for as long as 10 days to two weeks. She used the bathroom during her visits, and did so without any mishaps. In September 2014, appellant was visiting Mazza and used the bathroom up to five times. At some point, the light to the bathroom stopped working. Appellant used the stairs, fell, and suffered injuries. The Complaint Appellant filed a form complaint in 2016 against Mazza and…