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EJH Group, Inc. v. BMW of North America, LLC

United States District Court, C.D. California, Southern Division

June 26, 2019

EJH GROUP, INC., Plaintiff,
v.
BMW OF NORTH AMERICA, LLC, et al. Defendants.

          JUDGMENT

          HON. JAMES V. SELNA JUDGE.

         This action came on regularly for trial on June 11, 2019, in Courtroom 10C of the United States District Court, Central District of California, the Honorable James V. Selna presiding. Plaintiff EJH Group, Inc. was represented at trial by Monica L. Hartsock. Defendant BMW of North America, LLC was represented at trial by Harold T. Schisler, II and Lindsey J. Boyd.

         A jury of eight (8) persons was regularly impaneled and sworn. Witnesses were sworn and testified. After hearing the evidence and argument of counsel, the jury was duly instructed by the Court and the case was submitted to the jury with directions to return a verdict on Plaintiff's express warranty claim, Plaintiff's civil penalties claim, and Plaintiff's implied warranty claim. The jury deliberated and thereafter returned to the Court its verdict as follows:

         I. Claim for Breach of Express Warranty and Civil Penalties

         1. Did EJH Group, Inc. lease a 2016 BMW 428i distributed by BMW of North America, LLC?

         _X_ Yes ___No.

         If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

         2. Did BMW of North America, LLC give EJH Group, Inc. a written warranty?

         _X_ Yes ___ No.

         If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

         3. Did the 2016 BMW 428i have a defect covered by the warranty that substantially impaired the vehicle's use, value, or safety to a reasonable lessee in EJH Group, Inc.'s situation?

          _X_ Yes ___ No

         If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

         4. Did BMW of North America, LLC or its authorized repair facility repair the 2016 BMW 428i to conform to the written warranty ...


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