This case was last updated from Los Angeles County Superior Courts on 09/12/2019 at 20:47:12 (UTC).

GENOVEVA CORDES VS SMART & FINAL, ET AL

Case Summary

On 04/19/2018 a Personal Injury - Other Personal Injury case was filed by GENOVEVA CORDES against SMART FINAL in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3376

  • Filing Date:

    04/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

LAURA A. SEIGLE

 

Party Details

Petitioner and Plaintiff

CORDES GENOVEVA

Defendants and Respondents

SMART & FINAL

SMART & FINAL LLC

DOES 1 TO 100 INCLUSIVE

SMART & FINAL STORES INC.

SMART & FINAL HOLDINGS INC.

 

Court Documents

Request for Dismissal

7/23/2019: Request for Dismissal

Minute Order

9/4/2019: Minute Order

Supplemental Declaration

9/5/2019: Supplemental Declaration

Civil Case Cover Sheet

4/19/2018: Civil Case Cover Sheet

Separate Statement

3/8/2019: Separate Statement

Motion to Quash

3/8/2019: Motion to Quash

Separate Statement

3/12/2019: Separate Statement

Declaration

3/12/2019: Declaration

Minute Order

3/22/2019: Minute Order

Motion to Compel Further Discovery Responses

4/18/2019: Motion to Compel Further Discovery Responses

Motion to Compel Further Discovery Responses

4/18/2019: Motion to Compel Further Discovery Responses

Separate Statement

4/18/2019: Separate Statement

Separate Statement

4/18/2019: Separate Statement

Notice

5/14/2019: Notice

Notice

5/14/2019: Notice

Informal Discovery Conference

5/29/2019: Informal Discovery Conference

Minute Order

5/29/2019: Minute Order

Minute Order

6/6/2019: Minute Order

53 More Documents Available

 

Docket Entries

  • 01/16/2020
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 01/14/2020
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Compel Further Discovery Responses

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  • 10/21/2019
  • Hearingat 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 10/03/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/18/2019
  • Hearingat 08:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Continue Trial

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  • 09/09/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel Further Discovery Responses (and to Strike Defendant's Objections to Plaintiff's Interrogatories- Set One) - Held

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  • 09/09/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel Further Discovery Responses (and to Strike Defendant's Objections to Plaintiff's Request for Admissions, Set One, and the Accompanying Form Interrogatories (17.1)) - Held - Motion Denied

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  • 09/09/2019
  • Docketat 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel Further Discovery Responses (and to Strike Defendant's Objections to Plaintiff's Request for Production of Documents - Set One) - Held - Motion Denied

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  • 09/09/2019
  • DocketMinute Order ( (Hearing on Plaintiff's Motion to Compel Further Responses and...)); Filed by Clerk

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  • 09/09/2019
  • DocketRuling: (1) Motion to Compel Further Responses to Form and Special Interrogatories; Request for Sanctions; (2) Motion to Compel Further Responses to Requests for Production of Documents; Request for Sanctions; (3) Motion to Compel Further Responses to Req; Filed by Clerk

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77 More Docket Entries
  • 03/08/2019
  • DocketSeparate Statement; Filed by Genoveva Cordes (Plaintiff)

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  • 03/08/2019
  • DocketSeparate Statement; Filed by Genoveva Cordes (Plaintiff)

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  • 03/08/2019
  • DocketPlaintiff's Notice of Motion and Motion to Quash Defendant Smart & Final Stores, LLC. Subpoena for Business Records; or in the Alternative for a Protective Order to Modify the Subpoena to Samir P. Macwan, M.d., Eisenhower Medical Associates; Filed by Genoveva Cordes (Plaintiff)

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  • 02/14/2019
  • DocketMotion to Compel Further Discovery Responses; Filed by Smart & Final Stores, LLC Erroneously Sued As Smart & Final (Defendant); Smart & Final Stores, Inc. (Defendant); Smart & Final LLC (Defendant)

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  • 02/14/2019
  • DocketMotion to Compel Further Discovery Responses; Filed by Smart & Final Stores, Inc. (Defendant); Smart & Final LLC (Defendant)

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  • 10/29/2018
  • DocketAnswer; Filed by Smart & Final Stores, LLC Erroneously Sued As Smart & Final (Defendant); Smart & Final Stores, Inc. (Defendant); Smart & Final LLC (Defendant)

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  • 04/19/2018
  • DocketSummons; Filed by Genoveva Cordes (Plaintiff)

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  • 04/19/2018
  • DocketCivil Case Cover Sheet

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  • 04/19/2018
  • DocketComplaint; Filed by Genoveva Cordes (Plaintiff)

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  • 04/19/2018
  • DocketComplaint

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Tentative Rulings

Case Number: BC703376    Hearing Date: January 14, 2020    Dept: 48

MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR SANCTIONS

MOVING PARTY: Defendants Smart & Final Stores, LLC and Smart & Final Stores, Inc.

RESPONDING PARTY(S):Plaintiff Genoveva Cordes

PROOF OF SERVICE:

ANALYSIS

Motion to Compel Further Responses to Special Interrogatories

This motion was timely filed and served on June 26, 2019, as the responses were not verified. Declaration of Andrew J. Ulwelling, ¶ 4; Exh. C.

Defendants’ counsel engaged in sufficient meet and confer efforts prior to bringing this motion. See Ulwelling Decl., ¶¶ 5 - 6; Exhs. D & E.

u Special Interrogatory No. 1: GRANT.

The motion to compel a further response is not moot as to this interrogatory, as a further response was not provided to this interrogatory.

Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter. . . .” CCP § 2017.010.

“[A] percipient witness's willingness to participate in civil discovery has never  [*1252]  been considered relevant—witnesses may be compelled to appear and testify whether they want to or not.” Puerto v. Superior Court (2008) 158 Cal. App. 4th 1242, 1251-52.

Defendant is entitled to such information because it is reasonably calculated to lead to the discovery of admissible evidence. CCP § 2017.010.

Plaintiff’s objection on the ground of attorney-client privilege and work product doctrine are OVERRULED. The interrogatory does not implicate these privileges.

Plaintiff’s relevance and privacy objection is OVERRULED. Defendant is entitled to discovery information regarding the source of Plaintiff’s claimed medical expenses, emotional distress and physical pain and suffering.

Plaintiff’s objections to the form of interrogatory are OVERULED as not well-taken.

u Special Interrogatory No. 23: MOOT.

The motion to compel a further response is MOOT due to the service of a verified further response on December 30, 2019. Opposition, Exh. B.

Further response is due within 10 days.

Sanctions

Defendants’ request for sanctions against Plaintiff and her counsel of record is GRANTED in the reduced amount of $780, jointly and severally. Sanctions are to be paid to Defendants’ counsel within 10 days.

Case Number: BC703376    Hearing Date: November 19, 2019    Dept: 48

Hearing Date: OSC Date of November 19, 2019

Defaulting D(s): (1) G & T General Merchandise, LLC; (2) Hun Kyu Chung

Total: $115,437.76

CONTINUE hearing for supplemental declaration.

FACTS:

Breach of a loan agreement.

ANALYSIS:

[X] Default Entered on: September 9, 2019 (both Defendants)

[X] Date of Service of Complaint: July 11, 2019 (both defendants)(10 days after mailing);

[ ] Personal:

[X] Substituted (left with family/household members & copies mailed): June 30, 2019 (left); July 1, 2019 (mailed)

[ ] Proof of Publication

[ ] Mail and Acknowledgement of Receipt

[X] Summary of Case

[OK] Relief Prayed for in Complaint is the same as in default prove up:

In Complaint? In Default?

Compensatory: $99,032.51 $99,032.51

Late Fees: $ $

Medicals: $ $

Punitives: $ $

Lost Wages: $ $

Interest: $ $12,969.00

Costs: $ $565.00

Attorney’s Fees: $ $2,870.65

Other:

(all relief afforded in default judgment is limited to type and amount pleaded in complaint, except for punitives in PI/Death cases. CCP 425.11, 580, 585(a),(b).)

[OK] Atty’s Fees:

[ ] Authorized by statute: [X] or by contract: Agreement, ¶ 15; Personal Guaranty.

[X] Amount requested: $2,870.65

Amount over schedule (L.R. 3.214): $0

[ ] Statement of Extraordinary services? (LR 3.214(d))

[NO] Interest Computations: Must explain exemption from usury laws to charge 24.90% per annum.

Principal: $99,032.51

Start Date: March 1, 2019 End Date: September 9, 2019

Rate: Annual: 24.90% Per Diem: $

[X] Memorandum of costs: $565.00

[X] Declaration of Non-Military Status (executed within 6 months)

[X] Yes [ ] No [ X] Date: September 9, 2019

[X] Request for Dismissal of All Does:

[ ] With Prejudice [X] Without Prejudice

[X] Exhibits – Declaration re Lost Contract

[OK] Judgment Included (Conform with L.R. 3.0; 8.96):

[ ] Other:

TENTATIVE:

[X] CONTINUE HEARING: CONTINUE HEARING to December 19, 2019 for submission of supplemental declaration re: exemption from usury laws (24.90% annual rate).