On July 7, 2011, at 9 p.m., plaintiff Scott Clawson, 58, a manager of eight skilled nursing facilities, ascended four steps to the landing at the front door of his rented property, located at 13 North Stonington in Laguna Beach. Before entering through the door, he turned around to go back down the stairway. However, when Clawson went to step on what he thought was part of the landing, his foot missed the landing and unexpectedly went down onto the riser below. As a result, he lost his balance, fell down all four of the steps and fractured his left ankle. Clawson sued the owners of the property, Jeffrey Halloran and Diane Halloran; the architect for the property, Burgess-Landreth Associates Inc.; and the builder, Laguna Woodworks Inc. He alleged the defendants were negligent in repair of the stairway, creating a dangerous condition. Prior to Clawson filing his suit, the Hallorans sued Clawson and his wife regarding a dispute over rent and tenant improvements. The Clawsons initially responded to that matter in pro per, and then obtained counsel to file a separate premises liability action against the Hallorans, the architect and the builder. The matters were joined, but the court ultimately determined that the claims were not related at all (except that they involved the same parties) and separated the matters for the purposes of trial (had they gone to trial). The Hallorans’ matter ultimately resolved with the Clawsons agreeing to pay for unpaid rent after offsets for various tenant improvements. After some discovery on the separate Clawson matter, Burgess-Landreth and Laguna Woodworks were dismissed from the case. Thus, Scott Clawson continued with his claims against the Hallorans. Clawson’s counsel contended that in approximately 2004, the property owners, Jeffrey and Diane Halloran, set about improving the premises though the demolition of some of the existing structure, and the rebuilding and reconstruction of the premises, including the reconfiguration of the front entry stairway. Counsel noted that the house was an older structure that did not comply with current building codes, and the city of Laguna Beach required the improvement work to include bringing the front entry up to code. Clawson’s counsel contended that as a result, the architectural plans required the front door landing to be 36-inches deep and a handrail to be installed for the four risers outside of the front door — both requirements mandated by the building code. Counsel contended that, instead, the Hallorans built the landing only 31-inches deep and failed to install a handrail. The builder, Laguna Woodworks, testified at deposition that the Hallorans ran out of construction money because of changes they made to the plans, and were unable to install a handrail or deepen the landing due to lack of funds. Laguna Woodworks also claimed that the Hallorans got the occupancy permit by sneaking the lack of building code compliance past the building inspector. The Hallorans claimed that there was significant comparative negligence since Clawson fell on the steps of the property he was renting and had used before. The Hallorans’ counsel noted that Clawson admitted that he and his family lived at the house for a little over two months before the accident occurred., Scott Clawson sustained a bimalleolar fracture of his left ankle and subsequently presented to an orthopedist the following morning. He ultimately required open reduction and internal fixation of his ankle with the insertion of a plate and screws. Clawson claimed he was non-weight-bearing for 1.5 months after his surgery. However, he claimed he still has occasional pain and swelling in his left ankle. He also claimed he can no longer run or walk long distances without increased pain. In addition, he claimed that since he managed eight skilled nursing facilities, he had to take three months off from work before returning. Thus, Clawson sought recovery of $13,465 in past medical costs; $100,000 in lost income, including the loss of a bonus; and an unspecified amount of damages for his pain and suffering. Clawson’s wife, Delona Clawson, initially brought a derivate claim.