Lee v. Starwood Retail Partners CA2/1

BACKGROUND

A. Factual Summary On October 3, 2015, Starwood owned and operated the Plaza West Covina mall, which included approximately 175 stores as well as several permanent and temporary kiosks. Generally, kiosks were prohibited from selling or displaying goods beyond a two-foot perimeter or beyond arm’s-length of the kiosk. Additionally, under the mall’s code of conduct,

3 skateboarding, rollerblading, and “horseplay” were not permitted in the common areas of the mall. Starwood contracted with Professional Security to provide security services at the mall. In October 2015, five to six Professional Security guards patrolled the mall per shift. Their duties included enforcing property rules, regulations, and the code of conduct, and reporting infractions and hazards, including slip and fall hazards, to mall management. In October 2015, Professional Security was aware that mall patrons sometimes would ride their own hoverboards on the premises. Starwood management also regularly patrolled the mall to prevent, inter alia, violations of the code of conduct and the two- foot rule. On September 4, 2015, Galicia entered into a “license agreement” for a temporary, mobile kiosk…