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
e e ORIGINAL
BOWMAN AND BROOKE LLP
Brian Takahashi (SBN: 146505
BIL ED
Richard L. Stuhlbarg (SBN: 180631 of California
Superior Court
les
Theodore Dorenkamp III (SBN: 277004) Coun fu af Fac Soae
Jimmy Y. Park (SBN: 228290)
970 lest 190th Street, Suite 700 JuL 1 3 2018
Torrance, California 90502
Clerk of Court
Tel No: 310/ 768-3068 Sherri R. Ca executive snicori
310/ 719-1019
wi
Fax No: — out!
ore
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 Court
) Department: 74
14 VS. )
DEFENDANTS’ MOTION IN LIMINE NO. 5
15 BMW OF NORTH AMERICA, LLC, a ) TO EXCLUDE ARGUMENT THAT BMW NA
Delaware Limited Liability Company, ) HAD AN AFFIRMATIVE DUTY TO
16 NICK ALEXANDER IMPORTS, a REPURCHASE; MEMORANDUM OF
California Corporation, d/b/a NICK POINTS AND AUTHORITIES,
17 ALEXANDER BMW, and DOES 1 ) DECLARATION OF JIMMY Y. PARK;
through 10, inclusive, ) [PROPOSED] ORDER
18
Defendants. Motion in Limine No. 5
19
20
) Action Filed: June 22, 2017
Trial: July 30, 2018
21
22 TO PLAINTIFF AND TO HIS ATTORNEYS OF RECORD:
23 Defendants BMW OF NORTH AMERICA, LLC ("BMW NA") and NICK
24 ALEXANDER IMPORTS dba NICK ALEXANDER BMW move the court for an Order
25 prohibiting the admission of any argument, testimony, or reference that defendants had
26
my
an affirmative duty to offer plaintiff a repurchase or replacement vehicle without plaintiff
first making the request.
od
28 This Motion is based upon all the files and proceedings herein and upon the
pe 1968481 5v2 1
se DEFENDANTS’ MOTION IN LIMINE NO. 5 TO EXCLUDE ARGUMENT THAT BMW NA HAD AN
AFFIRMATIVE DUTY TO REPURCHASE; MEMORANDUM OF POINTS AND AUTHORITIES,
DECLARATION OF JIMMY Y. PARK; [PROPOSED] ORDER
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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