On December 27, 2019 a
Order
was filed
involving a dispute between
Jung Thomas,
and
Bmw Of North America Llc,
Finchey Corporation Of California Dba Pacific Bmw,
for Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Stanley Mosk Courthouse, Department 78
19STCV46665 January 15, 2021
THOMAS JUNG vs BMW OF NORTH AMERICA, LLC, et al. 8:30 AM
Judge: Honorable Robert S. Draper CSR: None
Judicial Assistant: Patricia Salcido ERM: None
Courtroom Assistant: Sky SoYeon Hahn Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Stephen Parnell by Adam Zolonz (Telephonic)
For Defendant(s): Abtin Amir (Video); Garrick Y. Chan (Telephonic)
NATURE OF PROCEEDINGS: Hearing on Motion for Attorney Fees
The Court's tentative ruling is electronically posted on the Court's website before the hearing is
held.
The matter is called for hearing and argued.
After argument, the Court informs counsel that the court will review the documents in support of
and in opposition to the motion and amend its ruling.
LATER, OUTSIDE THE PRESENCE OF COUNSEL:
The Court issues a Final Ruling Re: Plaintiff Thomas Jung's Motion for Attorneys' Fees and
Costs which is signed and filed this date and incorporated herein as follows:
The Motion for Attorney Fees filed by Thomas Jung on 11/16/2020 is Granted.
Plaintiff Thomas Jung’s Motion for Attorneys’ Fees and Costs is GRANTED in the amount of
$17,332.5 in attorneys’ fees plus $832.65 in costs.
FACTUAL HISTORY
This is a lemon law action. The Complaint alleges as follows: Plaintiff Thomas Jung (“Jung”)
leased a new 2017 BMW 340i vehicle in December 2016, with an express written warranty from
Defendants Finchey Corporation of California dba Pacific BMW (“Pacific”) and BMW of North
America, LLC (“BMW”). (Compl. ¶¶ 6-8.) During the warranty period, the vehicle developed
various defects, which caused Jung to bring the vehicle for repairs eight separate times, but the
vehicle was not conformed to the warranties. (Compl. ¶¶ 11-14.)
Minute Order Page 1 of 5
Document Filed Date
January 15, 2021
Case Filing Date
December 27, 2019
Category
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR 05/27/2020
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 78 19STCV46665 January 15, 2021 THOMAS JUNG vs BMW OF NORTH AMERICA, LLC, et al. 8:30 AM Judge: Honorable Robert S. Draper CSR: None Judicial Assistant: Patricia Salcido ERM: None Courtroom Assistant: Sky SoYeon Hahn Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Stephen Parnell by Adam Zolonz (Telephonic) For Defendant(s): Abtin Amir (Video); Garrick Y. Chan (Telephonic) NATURE OF PROCEEDINGS: Hearing on Motion for Attorney Fees The Court's tentative ruling is electronically posted on the Court's website before the hearing is held. The matter is called for hearing and argued. After argument, the Court informs counsel that the court will review the documents in support of and in opposition to the motion and amend its ruling. LATER, OUTSIDE THE PRESENCE OF COUNSEL: The Court issues a Final Ruling Re: Plaintiff Thomas Jung's Motion for Attorneys' Fees and Costs which is signed and filed this date and incorporated herein as follows: The Motion for Attorney Fees filed by Thomas Jung on 11/16/2020 is Granted. Plaintiff Thomas Jung’s Motion for Attorneys’ Fees and Costs is GRANTED in the amount of $17,332.5 in attorneys’ fees plus $832.65 in costs. FACTUAL HISTORY This is a lemon law action. The Complaint alleges as follows: Plaintiff Thomas Jung (“Jung”) leased a new 2017 BMW 340i vehicle in December 2016, with an express written warranty from Defendants Finchey Corporation of California dba Pacific BMW (“Pacific”) and BMW of North America, LLC (“BMW”). (Compl. ¶¶ 6-8.) During the warranty period, the vehicle developed various defects, which caused Jung to bring the vehicle for repairs eight separate times, but the vehicle was not conformed to the warranties. (Compl. ¶¶ 11-14.) Minute Order Page 1 of 5