On December 27, 2019 a
Motion,Ex Parte
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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Fi LED
Superi a)
urt of C: mia
County
Superior Court of California JAN 40d)
Sherti &. C uve Oifieer/Clerk
County of Los Angeles
By ie ———» Deputy
Department 78 Patrici a Salcido
THOMAS JUNG; Case No.: 19STCV46665,
Plaintiff, Hearing January 15, 2021
Date:
vs.
FINAL RULING RE:
BMW OF NORTH AMERICA, LLC, et al.;
PLAINTIFF THOMAS JUNG’S MOTION
Defendants. FOR ATTORNEYS’ FEES AND COSTS
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. ff] 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. If] 11-14.)
PROCEDURAL HISTORY
Jung filed the complaint on December 27, 2019, alleging two causes of action:
1. Violation of the Song-Beverly Act - Breach of Implied Warranty
2. Violation of the Song-Beverly Act - Breach of Express Warranty
On May 27, 2020, Jung filed a Stipulation and Order Requesting the Court Retain
Jurisdiction Pursuant to Civil Procedure Section 664.6, stating that the parties have
agreed to settle this matter.
On the same day, Jung filed a Request for Dismissal as to the entire action but retaining
jurisdiction pursuant to the stipulation.
On November 16, 2020, Jung filed the instant Motion for Attorneys’ Fees and Costs.
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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Fi LED Superi a) urt of C: mia County Superior Court of California JAN 40d) Sherti &. C uve Oifieer/Clerk County of Los Angeles By ie ———» Deputy Department 78 Patrici a Salcido THOMAS JUNG; Case No.: 19STCV46665, Plaintiff, Hearing January 15, 2021 Date: vs. FINAL RULING RE: BMW OF NORTH AMERICA, LLC, et al.; PLAINTIFF THOMAS JUNG’S MOTION Defendants. FOR ATTORNEYS’ FEES AND COSTS 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. ff] 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. If] 11-14.) PROCEDURAL HISTORY Jung filed the complaint on December 27, 2019, alleging two causes of action: 1. Violation of the Song-Beverly Act - Breach of Implied Warranty 2. Violation of the Song-Beverly Act - Breach of Express Warranty On May 27, 2020, Jung filed a Stipulation and Order Requesting the Court Retain Jurisdiction Pursuant to Civil Procedure Section 664.6, stating that the parties have agreed to settle this matter. On the same day, Jung filed a Request for Dismissal as to the entire action but retaining jurisdiction pursuant to the stipulation. On November 16, 2020, Jung filed the instant Motion for Attorneys’ Fees and Costs.