Case Number:
19STCV14211
Hearing Date:
August 2, 2021
Dept:
48
[TENTATIVE] ORDER RE MOTIONS IN LIMINE
Plaintiffs’ MIL Nos. 1-12
Plaintiffs Dimas Garcia and Elda Garcia’s motions in limine are taken off calendar.
Plaintiffs failed to file a declaration accompanying the motions stating that the motions had been discussed with opposing counsel, as required by Local Rule 3.57.
Plaintiffs’ MIL No. 13
Plaintiffs Dimas Garcia and Elda Garcia move to exclude evidence or argument that registration fees or insurance payments are not recoverable.
In
Kirzhner v. Merecedes-Benz USA, LLC
(2020) 9 Cal.5th 966, the Court held that “only the initial registration fee paid at the time of the lease or purchase of the vehicle and not any subsequent registration renewal or nonoperation fees are recoverable as collateral charges.”
(
Id.
at p. 972.)
But those fees “are recoverable as incidental damages if they were incurred as
Hearing Date
August 02, 2021
Type
Contract/Warranty Breach - Seller Plaintiff (no fraud/negligence) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
Case Number:
19STCV14211
Hearing Date:
August 2, 2021
Dept:
48
[TENTATIVE] ORDER RE MOTIONS IN LIMINE
Plaintiffs’ MIL Nos. 1-12
Plaintiffs Dimas Garcia and Elda Garcia’s motions in limine are taken off calendar.
Plaintiffs failed to file a declaration accompanying the motions stating that the motions had been discussed with opposing counsel, as required by Local Rule 3.57.
Plaintiffs’ MIL No. 13
Plaintiffs Dimas Garcia and Elda Garcia move to exclude evidence or argument that registration fees or insurance payments are not recoverable.
In
Kirzhner v. Merecedes-Benz USA, LLC
(2020) 9 Cal.5th 966, the Court held that “only the initial registration fee paid at the time of the lease or purchase of the vehicle and not any subsequent registration renewal or nonoperation fees are recoverable as collateral charges.”
(
Id.
at p. 972.)
But those fees “are recoverable as incidental damages if they were incurred as