At around 2:30 p.m. on Sept. 17, 2014, plaintiff Patricia Manesse, a retired 68 year old, exited a Party City at Brea Union Plaza, in Brea, with her husband. About 15 feet from the store’s exit, before reaching the parking lot, Manesse tripped and fell. She claimed there was a single step at the subject location, which caused her to trip and fall. Manesse sustained to her head, chest and pelvis. Manesse sued the property manager that took care of the common areas, JG Management Inc.; the owner of the outdoor shopping mall, Brea Union Plaza I, LLC; and one of the owners of Brea Union Plaza I, LLC, Samuel Mevorach. Manesse alleged that the defendants failed to repair and/or maintain the area containing the single step, constituting a dangerous condition. Mevorach was ultimately dismissed from the case, and the matter continued against JG Management and Brea Union Plaza only. Plaintiff’s counsel contended that the single step was not built to building code and that there should have been a handrail present. The plaintiff’s expert safety engineer opined that the step constituted a dangerous condition and a building code violation. The expert also opined that the building code required a handrail, not so much to hold onto, but to act as a visual cue to indicate a change in elevation. Plaintiff’s counsel contended that the single step was a dangerous condition and that there were numerous complaints from the employees of Party City, notifying JG Management that people were often tripping over the step. Counsel also contended that there were documented emails with JG Management, acknowledging the condition and with statements such as, “Fix before someone else gets hurt.” Thus, plaintiff’s counsel argued that JG Management and Brea Union Plaza knew of the dangerous condition, but failed to repair it. Defense counsel contended that the step was painted yellow and that the yellow paint was a sufficient warning. Counsel also contended that the condition was open and obvious and that it was Manesse’s fault for not seeing the step. The defense’s expert safety engineer opined that the step was open and obvious. The expert also opined that the fact that the top of the step was yellow gave sufficient notice to pedestrians., During the fall, Manesse’s head struck the curb and then landed on a curb stop. She was subsequently taken by ambulance to a hospital, where she was treated for a laceration to her head, and fractures to her ribs, pelvis, and sacrum. Manesse claimed that she suffered a traumatic brain injury as a result of striking her head on the curb. The fractures to Manesse’s ribs and pelvis ultimately healed. However, Manesse claimed that she is left with a cognitive impairment, memory problems, and pain from her sacrum injury. She alleged that she suffered a mild impairment of her cognition and that it would not be noticed unless speaking with her for a long period of time. She also alleged that she can no longer walk far due to her sacral pain and that because of her pain, she suffers a partial drop foot when she gets tired of walking. Manesse did not admit any medical costs, but sought recovery for her past and future pain and suffering. Her husband, plaintiff Al Manesse, sought recovery for his loss of consortium. The defense’s neuropsychology expert opined that Ms. Manesse was a malingerer and that Ms. Manesse did not suffer any brain injury. The expert also opined that all of Ms. Manesse’s should have resolved within six weeks of the incident and that Ms. Manesse’s alleged brain injury should have resolved within three months.