On Aug. 29, 2009, plaintiff Hsing Fang Sun, 59, a cashier, was exiting her apartment in Pasadena. While walking along a common area by the driveway, Sun tripped and fell over a deviation in the walkway. She claimed to her left foot and ankle. Sun sued C&M Chung LLC, the owner of the apartment complex. She alleged that the defendant failed to repair and maintain the walkway, creating a dangerous condition, and that the defendant had prior notice of this condition. Sun contended that a broken part of the walkway caused a deviation, which had existed on the property for several months. Thus, she claimed that C&M’s failure to repair the defect and properly maintain its premises caused the accident. C&M’s counsel argued that the deviation was an open and obvious condition, and was not a dangerous. Counsel further argued that Sun should have known about the deviation since she lived on the property, making her contributorily at fault by failing to pay attention., On the date of the accident, Sun was taken to an emergency room by her son and was diagnosed with a fracture to the fifth metatarsal space of her left foot, known as a Jones fracture. Sun also claimed an associated injury to the collateral ligament of her left ankle. She subsequently had her left foot casted following the accident. Sun was out of work from Aug. 29, 2009, through Nov. 16, 2009. However, she claimed she still deals with mobility issues, affecting her ability to stand and walk, as well as continues to deal with pain and discomfort. Thus, she claimed she is a candidate for surgery on her foot and ankle, which she is still considering. Thus, Sun sought recovery of $9,851 for her past medical costs, $15,000 for her future medical costs, $3,500 for her past lost earnings, and an unspecified amount of damages for her past and future pain and suffering. Defense counsel disputed the nature and extent of Sun’s .