On Aug. 6, 2013, plaintiff Jane Guardado, 19, was bicycling south on Oxford Avenue, in Los Angeles. She collided with the open door of a vehicle that a valet attendant opened after parking the vehicle on the street. Guardado fell to the ground, and she claimed to her right shoulder, left wrist, neck and back. Guardado sued Five Star Parking Inc., which was the valet attendant’s employer, and TJ Park Inc., which operated a nearby restaurant, Yellow House Café, that had had a contract with Five Star Parking to provide valet services for customers. Guardado alleged that the valet attendant was negligent in the operation of the vehicle, that the attendant was an agent or employee of TJ Park and Five Star Parking, and that the companies were liable for the attendant’s actions. The predecessor of TJ Park, Innovation Business Group LLC, and a company mistakenly believed to be the successor of Five Star Parking, ABM Industry Groups LLC, were also initially named as defendants, but they were dismissed prior to trial. In addition, Five Star Parking failed to respond to the lawsuit and ultimately defaulted, but it remained on the verdict sheet for the apportionment of liability. Guardado claimed that she did not have any opportunity to avoid the collision. She also claimed the valet attendant was an agent or employee of TJ Park because he was providing a benefit to the restaurant. There was no dispute that the valet attendant was negligent for opening the door in front of Guardado. However, after plaintiff’s counsel rested, defense counsel filed a motion for nonsuit, arguing that Guardado had not proven the attendant was an agent or employee of TJ Park. Judge Bobbi Tillmon granted the motion with regard to the employment claim but allowed the case to proceed on the issue of whether the attendant was an agent of TJ Park. TJ Park’s counsel argued that the valet attendant did not have the authority to represent the restaurant nor did the attendant have the authority to act on behalf of Yellow House Café. Counsel specifically contended that TJ Park had a contract with Five Star Parking to solely provide valet services and that such a contract did not create agency. As a result, TJ Park’s counsel argued that the attendant was not an agent and that TJ Park was not liable for the attendant’s actions. In addition, counsel argued that Guardado was comparatively negligent because she had sufficient time to avoid the opened car door, but failed to do so. Per defense counsel, Guardado stated in her deposition that she saw the opened door three to 10 seconds before she struck it. In response, Guardado’s counsel argued that there was no written documentary evidence stating that TJ Park had Five Star Parking “solely” provide valet services. Counsel also noted that Tillmon excluded testimony from Guardado and the investigating officer from the Los Angeles Police Department regarding who the valet stated he worked for and that the valet did not testify because he could not be found prior to trial., Guardado did not go to a hospital after the accident and she first sought treatment with an orthopedist three days later, on Aug. 9, 2013. She was diagnosed with sprains to her neck and lower back. She also had a sprain to her right, dominant shoulder and a sprain to her left wrist. Guardado ultimately underwent six weeks of physical therapy. Plaintiff’s counsel contended that MRIs that Guardado underwent in April 2014 showed tendinosis in the left wrist and straightening of the cervical lordosis, which he argued was evidence of a continuous muscle spasm. In September 2015, Guardado returned to her treating orthopedic surgeon, claiming that she had aggravated her . As a result, she underwent another five weeks of physical therapy. Guardado claimed she still has pain as a result of her and that her pain makes it hard for her to do housework or play with her young child. She also claimed that she can no longer go hiking or bike riding as a result of the accident. Defense counsel maintained that the April 2014 MRIs were normal and that Guardado told her doctor at that time that she had recovered from her . As a result, counsel argued that Guardado’s September 2015 complaints were the result of a workout injury that she sustained earlier that year, in July 2015.