Banks

FACTS AND PROCEDURAL BACKGROUND

I. The Incident and Resulting Lawsuit

In 1976, the Mastorakoses bought a commercial property at 4263 West El Segundo Boulevard in Hawthorne, California. By 2017, they had leased the building to a tenant who had not yet occupied the premises. The Mastorakoses’s son, Thomas Mastorakos (Thomas), helped his elderly parents manage the property.1 On the afternoon of November 9, 2017, Banks was walking down a stretch of El Segundo Boulevard in Hawthorne, California. As she passed the Mastorakoses’ store, her foot caught on an uneven piece of pavement in the sidewalk, causing her to fall forward. She later sought medical treatment for injuries on her hands and knees.

Because some of the parties share surnames, we refer to Thomas by his first name. No disrespect is intended.

2 On September 4, 2018, Banks sued the Mastorakoses for premises liability and general negligence.2 She claimed that she “tripped and fell on uneven concrete pavement covered by papers from [the Mastorakoses’] premises,” and alleged that the Mastorakoses failed to both maintain the sidewalk in front of their store and to warn pedestrians of tripping hazards or other dangerous…