On June 22, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Hernandez Julio,
and
Bmw Of North America Llc,
Nick Alexander Imports Dba Nick Alexander Bmw,
for Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
in the District Court of Los Angeles County.
Preview
mM
uu Ne
BOWMAN AND BROOKE LLP
Brian Takahashi (SBN: 146505:
Richard L. Stuhlbarg (SBN: 180631
Theodore Dorenkamp Ill (SBN: 277004)
Jimmy Y. Park (SBN: 228290 FIL
970 lest 190th Street, Suite 700
Torrance, California 90502 “Be rior Court-of
f Califomia
lunty of L 08 Angeles
310/ 768-3068
Tel No:
Fax No: 310/719-1019 JUL 19 2018
s
By. Clerk.
Attorneys for Defendants
BMW OF NORTH AMERICA, LLC and Gomez Deputy
NICK ALEXANDER IMPORTS d/b/a NICK ALEXANDER BMW
SUPERIOR COURT OF THE STATE OF CALIFORNIA
“tei
10 FOR THE COUNTY OF LOS ANGELES —- STANLEY MOSK
1
&y
nny
12 JULIO HERNANDEZ, CASE NO.: BC666145
13 Plaintiff, Assigned to: Hon. Joseph R. Kalin
Department: 74
14 vs.
DEFENDANTS’ OPPOSITION TO
15 BMW OF NORTH AMERICA, LLC, a ) PLAINTIFF'S MOTION IN LIMINE NO. 13
Delaware Limited Liability Company, TO EXCLUDE EVIDENCE OR ARGUMENT
16 NICK ALEXANDER IMPORTS, a THAT THE IMPLIED WARRANTY WAS
California Corporation, d/b/a NICK DISCLAIMED; DECLARATION OF JIMMY
17 ALEXANDER BMW, and DOES 1 Y. PAR!
through 10, inclusive,
18 Action Filed: June 22, 2017
Defendants. rial: July 30, 2018
19
20
21
22 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD:
23 Defendants BMW of North America, LLC ("BMW NA") and Nick Alexander
24 Imports dba Nick Alexander BMW submit this opposition to plaintiffs Motion in Limine
25 No. 13 to Exclude Evidence or Argument that the Implied Warranty was Disclaimed.
26 I INTRODUCTION
27 By this motion plaintiff seeks to exclude "evidence or argument that the implied
28 warranty of merchantability
was disclaimed." BMW NA has not asserted any such claim in
bas
19707836v1 1
beet DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 13 TO EXCLUDE EVIDENCE
By
OR ARGUMENT THAT THE IMPLIED WARRANTY WAS DISCLAIMED; DECLARATION OF JIMMY Y.
PARK
Document Filed Date
July 19, 2018
Case Filing Date
June 22, 2017
Category
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
Status
Jury Verdict 08/09/2019
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mM uu Ne BOWMAN AND BROOKE LLP Brian Takahashi (SBN: 146505: Richard L. Stuhlbarg (SBN: 180631 Theodore Dorenkamp Ill (SBN: 277004) Jimmy Y. Park (SBN: 228290 FIL 970 lest 190th Street, Suite 700 Torrance, California 90502 “Be rior Court-of f Califomia lunty of L 08 Angeles 310/ 768-3068 Tel No: Fax No: 310/719-1019 JUL 19 2018 s By. Clerk. Attorneys for Defendants BMW OF NORTH AMERICA, LLC and Gomez Deputy NICK ALEXANDER IMPORTS d/b/a NICK ALEXANDER BMW SUPERIOR COURT OF THE STATE OF CALIFORNIA “tei 10 FOR THE COUNTY OF LOS ANGELES —- STANLEY MOSK 1 &y nny 12 JULIO HERNANDEZ, CASE NO.: BC666145 13 Plaintiff, Assigned to: Hon. Joseph R. Kalin Department: 74 14 vs. DEFENDANTS’ OPPOSITION TO 15 BMW OF NORTH AMERICA, LLC, a ) PLAINTIFF'S MOTION IN LIMINE NO. 13 Delaware Limited Liability Company, TO EXCLUDE EVIDENCE OR ARGUMENT 16 NICK ALEXANDER IMPORTS, a THAT THE IMPLIED WARRANTY WAS California Corporation, d/b/a NICK DISCLAIMED; DECLARATION OF JIMMY 17 ALEXANDER BMW, and DOES 1 Y. PAR! through 10, inclusive, 18 Action Filed: June 22, 2017 Defendants. rial: July 30, 2018 19 20 21 22 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: 23 Defendants BMW of North America, LLC ("BMW NA") and Nick Alexander 24 Imports dba Nick Alexander BMW submit this opposition to plaintiffs Motion in Limine 25 No. 13 to Exclude Evidence or Argument that the Implied Warranty was Disclaimed. 26 I INTRODUCTION 27 By this motion plaintiff seeks to exclude "evidence or argument that the implied 28 warranty of merchantability was disclaimed." BMW NA has not asserted any such claim in bas 19707836v1 1 beet DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 13 TO EXCLUDE EVIDENCE By OR ARGUMENT THAT THE IMPLIED WARRANTY WAS DISCLAIMED; DECLARATION OF JIMMY Y. PARK