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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e @ ORIGINAL
BOWMAN AND BROOKE LLP
rian Takahashi (SBN: 146505
Richard L. Stuhlbarg (SBN: 180631
Theodore Dorenkamp Ill (SBN: 277004)
Jimm Y. Park (SBN: 228290 FIL SD orn
970 lest 190th Street, Suite 700 Suaperiar |Court
Apt RS 1 eles
Torrance, California 90502 Cann
Tel No 310/ 768-3068 YL 13 2018
Fax No: 310/719-1019
clerk of Court
ve yiincerl
Sherri K. ww pee put
Attorneys for Defendants
BMW OF NORTH AMERICA, LLC and By. aut Sonck em
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 Court
Department: 74
14 VS
DEFENDANTS’ MOTION IN LIMINE NO. 3
15 BMW OF NORTH AMERICA, LLC, a TO-EXCLUDE EVIDENCE, ARGUMENT OR
Delaware Limited Liability Company, TESTIMONY THAT THE REPAIR ORDERS
16 NICK ALEXANDER IMPORTS, a ALONE SUBSTANTIALLY IMPAIR THE
California Corporation, d/b/a NICK VALUE OF THE VEHICLE; MEMORANDUM
17 ALEXANDER BMW, and DOES 1 OF POINTS AND AUTHORITIES.
through 10, inclusive, DECLARATION OF JIMMY Y. PARK:
18 [PROPOSED] ORDER
19
Defendants )
Motion in Limine No. 3
20 Action Filed: June 22, 2017
Trial July 30, 2018
21
22 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that defendants BMW OF NORTH AMERICA, LLC
24 ("BMW NA") and NICK ALEXANDER IMPORTS dba NICK ALEXANDER BMW moves
25 for an Order precluding the admission of any argument or testimony by plaintiff,
26 plaintiffs counsel, and any witnesses including expert witnesses called on plaintiff's
wd
27 behalf, that the value of the 2013 BMW ActiveHybrid 3 ("subject vehicle") is
od
28 substantially impaired due to the existence of repair orders alone.
Qo
to 19669408v2 1
DEFENDANTS’ MOTION IN LIMINE NO. 3 TO EXCLUDE EVIDENCE, ARGUMENT OR TESTIMONY
THAT THE REPAIR ORDERS ALONE SUBSTANTIALLY IMPAIR THE VALUE OF THE VEHICLE,
MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF JIMMY Y. PARK; [PROPOSED]
ORDER
a
Document Filed Date
July 13, 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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e @ ORIGINAL BOWMAN AND BROOKE LLP rian Takahashi (SBN: 146505 Richard L. Stuhlbarg (SBN: 180631 Theodore Dorenkamp Ill (SBN: 277004) Jimm Y. Park (SBN: 228290 FIL SD orn 970 lest 190th Street, Suite 700 Suaperiar |Court Apt RS 1 eles Torrance, California 90502 Cann Tel No 310/ 768-3068 YL 13 2018 Fax No: 310/719-1019 clerk of Court ve yiincerl Sherri K. ww pee put Attorneys for Defendants BMW OF NORTH AMERICA, LLC and By. aut Sonck em 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 Court Department: 74 14 VS DEFENDANTS’ MOTION IN LIMINE NO. 3 15 BMW OF NORTH AMERICA, LLC, a TO-EXCLUDE EVIDENCE, ARGUMENT OR Delaware Limited Liability Company, TESTIMONY THAT THE REPAIR ORDERS 16 NICK ALEXANDER IMPORTS, a ALONE SUBSTANTIALLY IMPAIR THE California Corporation, d/b/a NICK VALUE OF THE VEHICLE; MEMORANDUM 17 ALEXANDER BMW, and DOES 1 OF POINTS AND AUTHORITIES. through 10, inclusive, DECLARATION OF JIMMY Y. PARK: 18 [PROPOSED] ORDER 19 Defendants ) Motion in Limine No. 3 20 Action Filed: June 22, 2017 Trial July 30, 2018 21 22 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that defendants BMW OF NORTH AMERICA, LLC 24 ("BMW NA") and NICK ALEXANDER IMPORTS dba NICK ALEXANDER BMW moves 25 for an Order precluding the admission of any argument or testimony by plaintiff, 26 plaintiffs counsel, and any witnesses including expert witnesses called on plaintiff's wd 27 behalf, that the value of the 2013 BMW ActiveHybrid 3 ("subject vehicle") is od 28 substantially impaired due to the existence of repair orders alone. Qo to 19669408v2 1 DEFENDANTS’ MOTION IN LIMINE NO. 3 TO EXCLUDE EVIDENCE, ARGUMENT OR TESTIMONY THAT THE REPAIR ORDERS ALONE SUBSTANTIALLY IMPAIR THE VALUE OF THE VEHICLE, MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF JIMMY Y. PARK; [PROPOSED] ORDER a