BARNHILL & VAYNEROV LLP Steven M. Barnhill (123000) Maxim Vaynerov (177520) 11620 Wilshire Blvd.

, Suite 400 Los Angeles, California 90025 Telephone: (310) 264-8989 LAW OFFICES OF JEFF SPELLERBERG Jeffery K. Spellerberg (SB# 176726) 11620 Wilshire Blvd., Suite 400 Los Angeles, California 90025 Telephone: (310) 264-8990 Attorneys for Plaintiff, ANITA SONENBERG SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, SOUTH CENTRAL DISTRICT ANITA SONENBERG ) ) Plaintiff, ) ) vs. ) ) K MART CORPORATION, a Michigan ) Corporation; K MART CORPORATION, a ) Michigan Corporation, doing business as SUPER ) K CENTER; K MART CORPORATION, a ) Michigan Corporation doing business as SUPER ) K, K MART CORPORATION, a Michigan ) Corporation doing business as K MART Store ) Number 4987; K MART CORPORATION, a ) Michigan Corporation doing business as 4987 ) SUPER K CENTER; and DOES 1 through 25, ) inclusive, ) ) Defendants. ) ) Case No.: TC020254 PLAINTIFF ANITA SONENBERGS FIRST SET OF SPECIAL INTERROGATORIES PROPOUNDED TO DEFENDANT K MART CORPORATION

PROPOUNDING PARTY: Plaintiff, ANITA SONENBERG RESPONDING PARTY: SET NUMBER: Defendant, KMART CORPORATION ONE

TO: DEFENDANT AND TO DEFENDANT'S ATTORNEYS OF RECORD: - 1

PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

You are hereby requested and required to answer the following First Set of Special Interrogatories propounded by Plaintiff, ANITA SONENBERG, within the time specified by and in the manner and form provided in California Civil Procedure Code Section 2030.010 et seq. DEFINITIONS 1. The term "COMPLAINT" as used herein refers to the Complaint filed in this action

on or about August 1, 2006, by Plaintiff, Case No. TC 020254. 2. The terms "YOU", "YOUR" and "RESPONDING PARTY" as used herein refer to

RESPONDING PARTY as defined hereinabove, its successors in interest, and includes all PERSONS acting or purporting to act on their behalf. 3. The term "COMMUNICATION" as used herein shall mean and include all faxed, discussions, conversations, negations, agreements,

written, oral, telephonic, or other inquiries,

understandings, meetings, letters, notes, telegrams, advertisements, and interviews and all documents (as hereinafter defined) related thereto (as hereinafter defined). 4. The term "DOCUMENT" as used herein shall mean and include any written,

recorded or graphic matter or communication which would be a "writing" within the meaning of Section 250 of the California Evidence Code and Sections 2030.010 et seq. and 2031.010 et seq. of the California Code of Civil Procedure, and shall include without limitation papers, recordings, memoranda, notes, books, records, accounts, communications, writings, letters, telegrams, correspondence, notes of meetings or of conversations either in writing or upon any mechanical or electronic or electric recording devices. Such "writings" shall include but are not limited to: notes, accountants' statements or summaries, appraisals, work papers, reports, projects, tabulations, purchase orders, invoices, canceled checks or check stub receipts, studies, services, employee handbooks or manuals, employment policies or procedures, vouchers, minutes of meetings, designs, drawings, notebooks, worksheets, contracts, agreements, bills of lading, warehouse receipts, time sheets, promissory notes, diaries, desk calendars, circulars, charts, ledgers, schedules, licenses, financial statements, appointment books, payment records, stenographers' notebooks, punch cards, computer data bases, computer print-out sheets, photographs, films, rules, directives, hotel charges,

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

telephone bills, proposals, offers, orders, logs, objections, and all drafts, revisions, and differing versions of any of the foregoing whether denominated formal, informal, or otherwise, as well as all copies of any of the foregoing which differ in any way constructive possession, custody, care or control of defendants. 5. The terms "RELATE TO", "RELATES TO", "RELATING TO" and "RELATED from the original, in the actual or

TO" shall mean: evidence which refers, reflects, discusses, shows, constitutes or is in any way relevant to the matter discussed and is in any way logically or factually relevant to or connected with, the above entitled action. 6. As used herein, the term "IDENTIFY" when referring to a document means: (a) the

name, business affiliation and last known address of the person or persons who prepared it and of the person or persons who signed it or over whose name it was issued; (b) the name, business affiliation and last known address of each person to whom it was addressed; (c) the nature and substance of the document with sufficient particularity to enable the same to be identified, including its title and date, if any; (d) the portion thereof which bears upon the subject inquired of in the interrogatory in question; (e) the name, business affiliation and address of each person who presently has custody of the document or any copy of it; (f) the location of the document and each copy of it; and (g) whether you will voluntarily make the document or a copy of it available for inspection and copying without a court order. At your option you may attach a copy of any document mentioned in your answers, in which case you may omit items (c) through (f) of the foregoing. 7. As used herein, the term "PERSON" or PERSONS means and includes any natural

person, firm, association, corporation, partnership, public entity, or other legal entity or organization separately identifiable. 8. As used herein, the term "IDENTIFY" when referring to a PERSON means:

(a) each and every present name of the PERSON; (b) each and every alias and previous name of the PERSON; (c) each and every address of the PERSON; and such PERSON'S current place of employment. 9. As used herein, the term "KNOWLEDGE" includes hearsay known to such

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

PERSON and opinions of such PERSON. 10. The term "INCIDENT" includes the circumstances and events surrounding the

alleged accident injury or other occurrence or breach of contract giving rise to this complaint, action or proceeding. 11. The term "SUBJECT PROPERTY" as used herein shall refer to the property located

at 500 Town Center, Carson, California and more commonly known as KMART Store Number 4987 and/or 4987 Super K Center. INSTRUCTIONS

1.

The words "or" and "and" shall be read in the conjunctive and in the disjunctive

wherever they appear, and neither of these words shall be interpreted to limit the scope of a request for information. 2. The use of a verb in any tense shall be construed as the use of the verb in all other

tenses, and the singular form shall be deemed to include the plural and vice-versa. PRELIMINARY STATEMENT In answering the interrogatories which follow, the California Civil Procedure Code Section 2030.010 et. seq. requires that you furnish all information in your possession or in the possession of agents, representatives, employees, investigators, attorneys or any person acting in your behalf and not merely such information known personally to you. If you cannot answer the following interrogatories in full, after exercising due diligence to secure the information to do so, so state, and answer the remainder and stating whatever information or knowledge you have concerning the unanswered portions. With respect to each interrogatory to which you object, the California Civil Procedure Code Section 2030.210 and 2030.240 requires that you specify the ground for the objection clearly in your response, and if a claim of privilege is asserted, the particular privilege invoked shall be clearly stated, and if an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be separately asserted.

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

INTERROGATORIES

SPECIAL INTERROGATORY NUMBER 1.: Please IDENTIFY all PERSONS, employees, agents or representatives, including security guards of RESPONDING PARTY, on duty/working at the SUBJECT PROPERTY, between the hours of 9:00 A.M. and 8:00 P.M. on August 2, 2004. SPECIAL INTERROGATORY NUMBER 2.: For each and every PERSON, employee, agent or representative of RESPONDING PARTY listed in response to Special Interrogatory No. 2, please state the duties of each while on the premises of the SUBJECT PROPERTY on date August 2, 2004. SPECIAL INTERROGATORY NUMBER 3.: Please IDENTIFY each and every PERSON, employee, agent or representative of RESPONDING PARTY, whose responsibility it was to see that the area where plaintiff was injured was free from defects between the hours of 9:00 A.M. and 8:00 P.M. on August 2, 2004. SPECIAL INTERROGATORY NUMBER 4.: Please IDENTIFY the PERSON, employee, agent or representative, of RESPONDING PARTY whose responsibility it was to see that the area where plaintiff was injured was in a safe condition between the hours of 9:00 A.M. and 8:00 P.M. on August 2, 2004. SPECIAL INTERROGATORY NUMBER 5.: Please state the time that an inspection was first made by anyone on behalf of the RESPONDING PARTY on August 2, 2004, of the area at or near where plaintiff was injured, after plaintiff's fall. SPECIAL INTERROGATORY NUMBER 6.: Please state the date and time of the last inspection of the area by anyone on behalf of RESPONDING PARTY at or near where plaintiff fell, prior to plaintiff's fall. SPECIAL INTERROGATORY NUMBER 7.:

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

Please IDENTIFY the PERSON, employee, agent or representative, of RESPONDING PARTY who last inspected the area at or near where plaintiff's accident, prior to plaintiff's fall. SPECIAL INTERROGATORY NUMBER 8.: Please IDENTIFY the PERSON who inspected the area for RESPONDING PARTY at or near where plaintiff was injured on August 2, 2004, after plaintiff's fall. SPECIAL INTERROGATORY NUMBER 9.: Please state with particularity, the findings relating to the inspection of the area at or near where plaintiff was injured on August 2, 2004, prior to plaintiff's fall. SPECIAL INTERROGATORY NUMBER 10.: Please state with particularity, the findings, if any, by RESPONDING PARTY of the inspection of the area at or near where plaintiff was injured on August 2, 2004, after plaintiff's fall. SPECIAL INTERROGATORY NUMBER 11.: Please IDENTIFY the PERSON, employee, agent, or representative of RESPONDING PARTY, who first learned of plaintiff's accident on August 2, 2004. SPECIAL INTERROGATORY NUMBER 12.: Please IDENTIFY each and every PERSON, employee, agent, or representative of RESPONDING PARTY, who was made aware of plaintiff's accident following August 2, 2004. SPECIAL INTERROGATORY NUMBER 13.: Please IDENTIFY the PERSON, employee, agent, or representative of RESPONDING PARTY, who first helped Plaintiff to get up from the floor on August 2, 2004. SPECIAL INTERROGATORY NUMBER 14.: Please IDENTIFY each and every PERSONS, employees, agents, or representatives of RESPONDING PARTY, who reported to the scene of the within accident as a result of plaintiff's accident on August 2, 2004. SPECIAL INTERROGATORY NUMBER 15.: Please state the date and time each and every PERSON, employee, agent, or representative of the RESPONDING PARTY first learned of plaintiff's accident which occurred on August 2, 2004.

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

SPECIAL INTERROGATORY NUMBER 16.: Please IDENTIFY each and every PERSON, employee, agent or representative of RESPONDING PARTY, who was in charge of the area on August 2, 2004, at or near where plaintiff's accident occurred. SPECIAL INTERROGATORY NUMBER 17.: Please state the make and brand name of all clothing hangers that were in use at the SUBJECT PROPERTY on August 2, 2004 at or near the area where Plaintiffs accident occurred as identified in her Complaint. SPECIAL INTERROGATORY NUMBER 18.: Did of RESPONDING PARTY place any warning signs of any kind on the floor on August 2, 2004 prior to Plaintiffs accident? SPECIAL INTERROGATORY NUMBER 19.: Was the RESPONDING PARTY in control of the premises of the SUBJECT PROPERTY when the alleged INCIDENT occurred? SPECIAL INTERROGATORY NUMBER 20.: If the answer to Special Interrogatory No. 19 is anything but an unqualified yes, identify, respectively, the owner, occupier or individual entity who owned, occupied or controlled the premises of the SUBJECT PROPERTY when the INCIDENT occurred. SPECIAL INTERROGATORY NUMBER 21.: Identify any witnesses known to you who observed the INCIDENT. SPECIAL INTERROGATORY NUMBER 22.: State fully and completely to the best of your knowledge and understanding how the INCIDENT occurred, including a complete chronology of the events as they transpired. SPECIAL INTERROGATORY NUMBER 23.: Describe in as much detail as possible the location on the premises of the SUBJECT PROPERTY where the INCIDENT occurred. SPECIAL INTERROGATORY NUMBER 24.:

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

Was the RESPONDING PARTY aware of any defect, dangerous condition, foreign substance or foreign object on the premises of the SUBJECT PROPERTY on the date of the INCIDENT? SPECIAL INTERROGATORY NUMBER 25.: If your answer to Special Interrogatory No. 24 is in the affirmative, describe the defect, dangerous condition, foreign substance or foreign object. SPECIAL INTERROGATORY NUMBER 26.: If your answer to Special Interrogatory No. 24 is in the affirmative, state how the RESPONDING PARTY became aware of its existence. SPECIAL INTERROGATORY NUMBER 27.: If your answer to Special Interrogatory No. 24 is in the affirmative, what, if any, steps were taken by the RESPONDING PARTY prior to the date of the INCIDENT to deal with or alleviate the condition. SPECIAL INTERROGATORY NUMBER 28.: Describe all arrangements the RESPONDING PARTY had for care, maintenance and inspection of the premises of the SUBJECT PROPERTY at the time of the INCIDENT. SPECIAL INTERROGATORY NUMBER 29.: State whether the arrangements set forth in your answer to Special Interrogatory No. 28 conformed to the usual and customary arrangements made by the RESPONDING PARTY for the care, maintenance and inspection of the premises of the SUBJECT PROPERTY prior to the INCIDENT. SPECIAL INTERROGATORY NUMBER 30.: Describe the lighting conditions at the premises of the SUBJECT PROPERTY at the time of the INCIDENT and specifically state whether the lighting was natural, artificial or both. SPECIAL INTERROGATORY NUMBER 31.: Have there been any changes to the premises of the SUBJECT PROPERTY or any portion thereof, since the date of the INCIDENT?

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

SPECIAL INTERROGATORY NUMBER 32.: If your answer to Special Interrogatory No. 31 is in the affirmative, provide details regarding any such change and the reasons for such change. SPECIAL INTERROGATORY NUMBER 33.: Provide the name, address, qualifications and areas of expertise of any expert witness whom you intend to call at trial and with respect to each, state the opinion that will be given, the underlying facts upon which each opinion is based. SPECIAL INTERROGATORY NUMBER 34.: Did the RESPONDING PARTY ever receive any form of notice, either written or oral, from the plaintiff or from anyone acting on the plaintiffs behalf, concerning the INCIDENT in question? If so, provide the date of any receipt, the method by which notice was given, the name and address of the recipient of the notice, the substance of the notice and any response made thereto. SPECIAL INTERROGATORY NUMBER 35.: Provide a list and identification of any persons who had been injured on the premises of the SUBJECT PROPERTY within three years of the date of the INCIDENT. SPECIAL INTERROGATORY NUMBER 36.: Does the RESPONDING PARTY contend that the plaintiff in any way caused or contributed to the INCIDENT or in any way assumed the risk of her injuries? // // // // // // // SPECIAL INTERROGATORY NUMBER 37.:

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

If your answer to Special Interrogatory No. 36 is in the affirmative, state the facts upon which each and every contention is based. Dated: October 13, 2006 Law Offices of Jeffery K. Spellerberg ______________________ Jeffery K. Spellerberg, Esq. Attorney for Plaintiff.

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION

PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the subject action. My business address is 11620 Wilshire Blvd., Suite 400, Los Angeles, CA 90025. On October 13, 2006, I served the foregoing document described as PLAINTIFF ANITA SONENBERGS FIRST SET OF SPECIAL INTERROGATORIES PROPOUNDED TO DEFENDANT K MART CORPORATION on the interested parties in this action as follows: [X] by placing [ ] the original [ X ] a true copy thereof enclosed in a sealed envelope addressed as follows: Sandra K. Brislin, Esq. Homan & Stone 20955 Pathfinder Road, Suite 100 Diamond Bar, CA 91765 [X] BY MAIL. I am readily familiar with the practice of LAW OFFICES OF JEFF SPELLERBERG for the collection and processing of documents and correspondence for mailing. Under that practice the above-described document(s) and/or correspondence were deposited with the U.S. Postal Service, on the same as the execution of this proof of service, with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed valid if the postal cancellation date or the postage meter date is more than one day after the date of deposit for mailing stated in this affidavit. BY PERSONAL SERVICE. I caused such envelope to be delivered by hand to the addressee. VIA FACSIMILE. VIA OVERNIGHT DELIVER (FedEx).

[ [ [

] ] ]

[ X ] (State) I declare under penalty of perjury under the laws of the state of California that the above is true and correct. [ ] (Federal) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on October 13, 2006, at Los Angeles, California.

Jeffrey K. Spellerberg

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PLAINTIFF S FIRST SET OF SPECIAL INTERROGATORIES TO DEFENDANT K MART CORPORATION