On March 1, 2010, plaintiff Josie Apodaca, an unemployed woman, was visiting a friend at 2412 Buena Vista Avenue, Apartment A, in Alameda, when she fell as she entered the bathroom. She injured her left foot in the fall. Apodaca sued the building landlords, Chun Ming Liu and Si Yi Huang. She alleged that the landlords failed to properly maintain the property. Specifically, Apodaca claimed that she was not aware of the step-down into the bathroom and contended that there was no proper landing, which caused her foot to roll. Thus, plaintiff’s counsel contended that the defendants violated California Building Code §§ 1009.5 and 1008.1.6., regarding landings and thresholds. Defense counsel contended that no building codes were violated and that Apodaca was contributorily negligent., Apodaca sustained a non-displaced fifth metatarsal shaft fracture of her left foot. She was not treated at the scene or taken to a hospital immediately after the accident, but later sought treatment at an emergency room on four occasions. According to defense counsel, at the time of trial, Apodaca claimed residual pain in her left foot, but she did not undergo any surgery to treat her condition. Thus, Apodaca sought recovery of no less than $1,620.30 in damages for her past medical expenses, but did not claim any future medical care. She also acknowledged that since she was unemployed at the time of the accident, she did not suffer any wage loss. Defense counsel contended that Apodaca failed to mitigate her damages.