This case was last updated from Los Angeles County Superior Courts on 05/23/2019 at 07:51:16 (UTC).

SANDY CHUMPULPACKDEE VS ADELE ELAINE CONRAD ET AL

Case Summary

On 09/15/2017 SANDY CHUMPULPACKDEE filed a Personal Injury - Motor Vehicle lawsuit against ADELE ELAINE CONRAD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6356

  • Filing Date:

    09/15/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff

CHUMPULPACKDEE SANDY

Defendant

CONRAD ADELE ELAINE

Attorney/Law Firm Details

Plaintiff Attorney

AKARAGIAN ARMEN KEVORK

Defendant Attorney

IVORY ROBIN RENEE

 

Court Documents

Unknown

9/14/2018: Unknown

PLAINTIFF SANDY CHUMPULPACKDEE'S NOTICE OF POSTING JURY FEES

9/14/2018: PLAINTIFF SANDY CHUMPULPACKDEE'S NOTICE OF POSTING JURY FEES

Unknown

9/19/2018: Unknown

Motion in Limine

2/19/2019: Motion in Limine

Motion in Limine

2/19/2019: Motion in Limine

Motion in Limine

2/19/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/20/2019: Motion in Limine

Motion in Limine

2/28/2019: Motion in Limine

Opposition

2/28/2019: Opposition

Opposition

2/28/2019: Opposition

Motion in Limine

2/28/2019: Motion in Limine

Motion in Limine

2/28/2019: Motion in Limine

Opposition

2/28/2019: Opposition

25 More Documents Available

 

Docket Entries

  • 04/03/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 04/03/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 03/28/2019
  • Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion for Protective Order - Not Held - Taken Off Calendar by Party

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  • 03/18/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Held - Continued

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  • 03/18/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 03/15/2019
  • Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/15/2019
  • DocketMinute Order ( (Jury Trial)); Filed by Clerk

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  • 03/14/2019
  • DocketExhibit List; Filed by Sandy Chumpulpackdee (Plaintiff); Adele Elaine Conrad (Defendant)

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  • 03/14/2019
  • DocketWitness List; Filed by Sandy Chumpulpackdee (Plaintiff); Adele Elaine Conrad (Defendant)

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  • 03/14/2019
  • DocketStatement of the Case; Filed by Sandy Chumpulpackdee (Plaintiff); Adele Elaine Conrad (Defendant)

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29 More Docket Entries
  • 09/19/2018
  • DocketReceipt; Filed by Adele Elaine Conrad (Defendant)

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  • 09/19/2018
  • DocketCIVIL DEPOSIT

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  • 09/14/2018
  • DocketPLAINTIFF SANDY CHUMPULPACKDEE'S NOTICE OF POSTING JURY FEES

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  • 09/14/2018
  • DocketReceipt; Filed by Sandy Chumpulpackdee (Plaintiff)

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  • 09/14/2018
  • DocketCIVIL DEPOSIT

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  • 11/08/2017
  • DocketANSWER TO COMPLAINT ON BEHALF OF DEFENDANT ADELE ELAINE CONRAD; ETC.

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  • 11/08/2017
  • DocketAnswer; Filed by Adele Elaine Conrad (Defendant)

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  • 09/15/2017
  • DocketComplaint

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  • 09/15/2017
  • DocketSummons; Filed by Sandy Chumpulpackdee (Plaintiff)

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  • 09/15/2017
  • DocketComplaint; Filed by Sandy Chumpulpackdee (Plaintiff)

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Tentative Rulings

Case Number: ****6356    Hearing Date: June 25, 2020    Dept: K

CASE NAME: CHUMPULPACKDEE v. CONRAD

CASE NUMBER: ****6356

HEARING DATE: 6/25/20

TRIAL START: 11/14/19 (JURY)

TENTATIVE RULING

MOTION: Defendant’s Motion to Tax Plaintiff’s Costs

HELD: GRANTED IN PART, DENIED IN PART

Background

This was a car accident case in which liability was admitted, but the damages claim of tinnitus was contested. After 5 days of testimony, the jury returned a verdict in favor of Plaintiff and awarded her $247,500, which beat Plaintiff’s earlier CCP 998 offer which Defendant rejected. Thus, it is uncontested that Plaintiff is entitled to her ; 998 costs.

Defendant currently moves to tax Plaintiff’s Cost Memorandum for (1) mediation costs incurred; and (2) prejudgment interest.

Analysis

  1. Item 16: Mediation Expenses ($2,860)

Defendant is correct in that mediation expenses are not explicitly authorized reimbursable costs under CCP ; 1033.5(a). Plaintiff requests this Court to make the award under ; 1033.5(c)(4) which allows unlisted costs to be awarded in the Court’s discretion. While this Court has every desire to encourage participation in mediation, it cannot conclude that mediation is “reasonably necessary to the conduct of the litigation.” ; 1033.5(C)(2). However desirable and helpful settlement discussions with mediators may be, it is not necessary to any litigation and Defendant’s motion is GRANTED as to this expense.

  1. Prejudgment Interest ($52,763.14)

Civil Code ; 3291 authorizes the awarding of 10% interest on “the judgment” when Plaintiff is entitled to ; 998 costs. The dispute here is that Plaintiff is asking for the interest on not only the verdict sum awarded ($247,500) but also on the costs to be awarded. Plaintiff argues that the term “judgment” refers to not only damages but also includes costs, citing CCP

; 685.090(a)(“costs are added to and become part of the judgment”). However, this exact issue has been decided in Bean v. Pacific Coast Elevator (2015) 234 Cal.App.4th 1423, which specifically held that:

[C]osts are not ordinarily considered part of the judgment; rather they are normally viewed as an incident of a judgment . . . prejudgment interest may not be awarded on costs, because costs, like prejudgment interest, are not part of the judgment . . . . We think it clear that the purpose of Civil Code Section 3291 is to compensate plaintiffs for the loss of use o the money awarded for personal injury damages, not for the loss of use of money for costs.

Id. at 1430-31 (emphasis in original).

Although these authorities seem diametrically opposed to one another, this Court finds Bean to be controlling as it specifically addresses the issue at hand, i.e., interest on costs, and specifically rejects Plaintiff’s argument regarding her loss of use of the money she spent on costs.

According to Defense counsel, Defendant has already paid all the allowable interest on the judgment (not counting costs) on December 5, 2019, except for $474.32. Applying 10% interest from 12/5/19 to 6/25/20, the additional interest would be $.13/day X 203 days = $26.39. Adding that interest to the $474.32 owed, Plaintiff is entitled to an additional $500.71 in interest.

Final Calculation

Substituting Item 16 of the Cost Memorandum with $500.71 rather than the requested $55,623.14, the total costs awarded shall be $46,882.58.



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