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.
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BOWMAN AND BROOKE LLP
Q fa it Nea
Brian Takahashi (SBN: 146505
Richard L. Stuhlbarg (SBN: 180631
Theodore Dorenkamp Ill (SBN: 277004)
Jimmy Y. Park (SBN: 228290 FILED
970 lest 190th Street, Suite 700 Sup erior Court of California
ounty of Los Angeles
Torrance, California 90502
Tel No: 310/ 768-3068
Fax No: 310/719-1019 JUL 19 2018
Sh err] icer/Clerk
By. Deputy
Attorneys for Defendants
BMW OF NORTH AMERICA, LLC and
NICK ALEXANDER IMPORTS d/b/a NICK ALEXANDER BMW
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF LOS ANGELES ~ STANLEY MOSK
11
12 JULIO HERNANDEZ, CASE NO.: BC666145
13 Plaintiff, Assigned to: Hon. Michelle Williams Co:
Department: 74
14 vs.
DEFENDANTS’ OPPOSITION TO
15 BMW OF NORTH AMERICA, LLC, a PLAINTIFF'S MOTION IN LIMINE NO. 1
16
Delaware Limited Liability Company,
NICK ALEXANDER IMPORTS, a
TO PROHIBIT TESTIMONY OR
ARGUMENT THAT DEFENDANT Fal
17
California Corporation, d/b/a NICK
ALEXANDER BMW, and DOES 1
through 10, inclusive,
CONFORMED THE VEHICLE TO
WARRANTY WITHIN A REASONABLE
NUMBER OF REPAIR ATTEMPTS
Bm
18 BECAUSE DEFENDANT REPAIRED A
Defendants. PARTICULAR COMPONENT;
19 DECLARATION OF JIMMY Y. PARK
20 Action Filed: June 22, 2017
Trial: July 30, 2018
21
22
23 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD:
24 Defendants BMW of North America, LLC ("BMW NA") and Nick Alexander
25 Imports dba Nick Alexander BMW submit this Opposition to Plaintiffs Motion in Limine
26 No. 15 to Prohibit Testimony or Argument that Defendant Conformed the Vehicle to
Warranty Within a Reasonable Number of Repair Attempts Because Defendant
mel
od
Repaired a Particular Component.
8
@ 419710375v1 1
Bad DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 15 TO PROHIBIT TESTIMONY
@ OR ARGUMENT THAT DEFENDANT CONFORMED THE VEHICLE TO WARRANTY WITHIN A
pe REASONABLE NUMBER OF REPAIR ATTEMPTS BECAUSE DEFENDANT REPAIRED A
oo PARTICULAR COMPONENT; 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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BOWMAN AND BROOKE LLP Q fa it Nea Brian Takahashi (SBN: 146505 Richard L. Stuhlbarg (SBN: 180631 Theodore Dorenkamp Ill (SBN: 277004) Jimmy Y. Park (SBN: 228290 FILED 970 lest 190th Street, Suite 700 Sup erior Court of California ounty of Los Angeles Torrance, California 90502 Tel No: 310/ 768-3068 Fax No: 310/719-1019 JUL 19 2018 Sh err] icer/Clerk By. Deputy Attorneys for Defendants BMW OF NORTH AMERICA, LLC and NICK ALEXANDER IMPORTS d/b/a NICK ALEXANDER BMW SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF LOS ANGELES ~ STANLEY MOSK 11 12 JULIO HERNANDEZ, CASE NO.: BC666145 13 Plaintiff, Assigned to: Hon. Michelle Williams Co: Department: 74 14 vs. DEFENDANTS’ OPPOSITION TO 15 BMW OF NORTH AMERICA, LLC, a PLAINTIFF'S MOTION IN LIMINE NO. 1 16 Delaware Limited Liability Company, NICK ALEXANDER IMPORTS, a TO PROHIBIT TESTIMONY OR ARGUMENT THAT DEFENDANT Fal 17 California Corporation, d/b/a NICK ALEXANDER BMW, and DOES 1 through 10, inclusive, CONFORMED THE VEHICLE TO WARRANTY WITHIN A REASONABLE NUMBER OF REPAIR ATTEMPTS Bm 18 BECAUSE DEFENDANT REPAIRED A Defendants. PARTICULAR COMPONENT; 19 DECLARATION OF JIMMY Y. PARK 20 Action Filed: June 22, 2017 Trial: July 30, 2018 21 22 23 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: 24 Defendants BMW of North America, LLC ("BMW NA") and Nick Alexander 25 Imports dba Nick Alexander BMW submit this Opposition to Plaintiffs Motion in Limine 26 No. 15 to Prohibit Testimony or Argument that Defendant Conformed the Vehicle to Warranty Within a Reasonable Number of Repair Attempts Because Defendant mel od Repaired a Particular Component. 8 @ 419710375v1 1 Bad DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE NO. 15 TO PROHIBIT TESTIMONY @ OR ARGUMENT THAT DEFENDANT CONFORMED THE VEHICLE TO WARRANTY WITHIN A pe REASONABLE NUMBER OF REPAIR ATTEMPTS BECAUSE DEFENDANT REPAIRED A oo PARTICULAR COMPONENT; DECLARATION OF JIMMY Y. PARK