Abraham Forouzan v. BMW of North America, LLC, et al
Plaintiff: Abraham Forouzan
Defendant: BMW of North America, LLC, Does 1 through 10, inclusive, Sonic Automotive and Unknown Entity fictitious name Doe 1 doing business as Century West Luxury Sales
Petitioner: Michael Sean Rice
Alternative Dispute Resolution (Adr) Provider: Ronald Akasaka
Case Number: 2:2017cv03875
Filed: May 23, 2017
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
Presiding Judge: Dolly M Gee
Referring Judge: Gail J Standish
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2020 Filing 174 SATISFACTION OF JUDGMENT re Judgment, #129 entered In favor of Abraham Forouzan Against BMW of North America, LLC filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
September 18, 2019 Opinion or Order Filing 173 MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTION FOR ATTORNEYS' FEES, COSTS, AND EXPENSES by Judge Dolly M. Gee: The Court GRANTS in part Plaintiff's motion for attorneys' fees #169 . Defendant shall pay Plaintiff reasonable attorneys' fees in the amount of $23,542.50. Plaintiff shall also recover $79.45 in litigation expenses. Court Reporter: Not Reported. (gk)
September 4, 2019 Opinion or Order Filing 172 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion for Attorney Fees, Costs and Expenses re Motion to Retax Costs #169 presently scheduled for hearing on September 6, 2019, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
August 23, 2019 Filing 171 REPLY support NOTICE OF MOTION AND MOTION for Attorney Fees Costs, and Expenses re Motion to Retax Costs #169 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Jacob Cutler in Support of Plaintiff's Motion for Attorney Fees, Costs and Expenses, #2 Exhibit 1, #3 Plaintiff's Response to Defendant's Evidentiary Objections to the Declarations of Payam Shahian and Plaintiff's Response to Defendant's Objections to Plaintiffs Request for Judicial Notice)(Cutler, Jacob)
August 16, 2019 Filing 170 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION for Attorney Fees Costs, and Expenses re Motion to Retax Costs #169 filed by Defendant BMW of North America, LLC. (Attachments: #1 Request for Judicial Notice in Support of Oppositionto Plaintiff's Motion for Attorney Fees re Motion to Retax Costs, #2 Objections to Plaintiff's Request for Judicial Notice in Support of Plaintiff's Motion for Attorney Fees re Motion to Retax Costs, #3 Evidentiary Objections to the Declaration of Payam Shahian)(Stuhlbarg, Richard)
August 9, 2019 Filing 169 NOTICE OF MOTION AND MOTION for Attorney Fees Costs, and Expenses re Motion to Retax Costs filed by Plaintiff Abraham Forouzan. Motion set for hearing on 9/6/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Declaration of Payam Shahian in Support of Plaintiff's Motion for Attorney Fees, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Request for Judicial Notice) (Cutler, Jacob)
July 26, 2019 Opinion or Order Filing 168 MINUTES OF IN CHAMBERS - ORDER RE PLAINTIFF'S MOTIONS TO RETAX COSTS by Judge Dolly M. Gee: The Court GRANTS Plaintiff's Motion to Retax Costs #160 . Plaintiff shall recover from Defendant $18,751.77--the full amount that the Clerk disallowed minus $2,383.47 associated with expedited transcripts. Plaintiff shall also recover the $19,953.99 that the Clerk initially taxed, for total costs and expenses in the amount of $38,705.76. Court Reporter: Not Reported. (gk)
July 25, 2019 Filing 167 BMW's Objection to Plaintiff's Notice of Supplemental Authority in Support of Motion to Retax Costs Opposition re: NOTICE OF MOTION AND MOTION to Re-Tax Costs against All Defendants #160 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
July 18, 2019 Filing 166 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Re-Tax Costs against All Defendants #160 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Exhibit Exhibit 1)(Cutler, Jacob)
March 21, 2019 Filing 165 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Erin Melody-Rosenfeld is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
March 7, 2019 Filing 164 NOTICE of Appearance filed by attorney Hallen David Rosner on behalf of Plaintiff Abraham Forouzan (Attorney Hallen David Rosner added to party Abraham Forouzan(pty:pla))(Rosner, Hallen)
March 7, 2019 Opinion or Order Filing 163 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Retax Cost Under L.R. 54-2.5 #160 presently scheduled for hearing on March 8, 2019, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
February 22, 2019 Filing 162 REPLY Support of a Motion TO RETAX COST UNDER L.R. 54-2.5 filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
February 15, 2019 Filing 161 BMW's Opposition to Plaintiff's Motion to Re-Tax Costs Opposition re: NOTICE OF MOTION AND MOTION to Re-Tax Costs against All Defendants #160 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
February 4, 2019 Filing 160 NOTICE OF MOTION AND MOTION to Re-Tax Costs against All Defendants filed by plaintiff Abraham Forouzan. Motion set for hearing on 3/8/2019 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Proposed Order) (Cutler, Jacob)
January 28, 2019 Filing 159 BILL OF COSTS. Costs Taxed in amount of $19953.99 in favor of Plaintiff, Abraham Forouzan and against Defendant, BMW of North America, LLC. RE: APPLICATION to the Clerk to Tax Costs against Defendants All Defendants #133 , APPLICATION to the Clerk to Tax Costs against Defendant All Defendants #136 (kr)
January 11, 2019 Opinion or Order Filing 158 MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF'S MOTION FOR ATTORNEYS' FEES #134 AND MOTION FOR PREJUDGMENT INTEREST #137 by Judge Dolly M. Gee: Accordingly, the Court GRANTS in part Plaintiff's motion for attorneys' fees and DENIES Plaintiff's motion for prejudgment interest. Defendant shall pay Plaintiff reasonable attorneys' fees in the amount of $215,560.50. IT IS SO ORDERED. (kti)
January 8, 2019 Filing 157 BMW's Objection to Plaintiff's Notice of Supplemental Authority In Support of Application to Tax Costs Opposition re: APPLICATION to the Clerk to Tax Costs against Defendants All Defendants #133 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
January 8, 2019 Filing 156 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Rodney Gi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
January 8, 2019 Filing 155 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Eleazar D Kim is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
January 8, 2019 Filing 154 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Anna Helena Sorokin Cronk is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
January 8, 2019 Filing 153 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Rowena Santos is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
January 4, 2019 Filing 152 NOTICE of Supplemental Authority in Support of Application to Tax Costs filed by Plaintiff Abraham Forouzan. (Attachments: #1 Exhibit)(Cutler, Jacob)
November 8, 2018 Opinion or Order Filing 151 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: Plaintiff's Motion for Attorney Fees, Costs, and Expenses #134 and Plaintiff's Motion for Prejudgment Interest #137 presently scheduled for hearing on November 9, 2018, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
October 26, 2018 Filing 150 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Jacob Cutler, #2 Exhibit 1 to Cutler Declaration, #3 Exhibit 2 to Cutler Declaration, #4 Exhibit 3 to Cutler Declaration (part 1 of 2), #5 Exhibit 3 to Cutler Declaration (part 2 of 2), #6 Declaration of Payam Shahian, #7 Exhibit 1 to Shahian Declaration, #8 Objections to Dietrich Declaration, #9 Objections to Stuhlberg Declaration, #10 Objections to Takahashi Declaration, #11 Response to Defendant's Objections)(Cutler, Jacob)
October 26, 2018 Filing 149 REPLY in support NOTICE OF MOTION AND MOTION for Damages PLAINTIFFS MOTION FOR #137 Prejudgment Interest filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
October 22, 2018 Filing 148 REPLY Opposition APPLICATION to the Clerk to Tax Costs against Defendant All Defendants #136 filed by Plaintiff Abraham Forouzan. (Cutler, Jacob)
October 19, 2018 Filing 147 BMW's Objection to Plaintiff's Application to Tax Costs Opposition re: APPLICATION to the Clerk to Tax Costs against Defendant All Defendants #136 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 146 BMW's Opposition to Plaintiff's Motion for Prejudgment Interest Opposition re: NOTICE OF MOTION AND MOTION for Damages PLAINTIFFS MOTION FOR #137 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 145 BMW's Evidentiary Objections to the Declaration of Payam Shahian Opposition re: NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 144 DECLARATION of Claire E. Dietrich in Support of BMW's Opposition to Plaintiff's Motion for Attorney Fees, Costs, and Expenses and Objection to Plaintiff's Application to Tax Costs NOTICE OF MOTION AND MOTION for Attorney Fees #134 , APPLICATION to the Clerk to Tax Costs against Defendant All Defendants #136 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 143 DECLARATION of Richard Stuhlbarg in Support of BMW's Opposition to Plaintiff's Motion for Attorney Fees, Costs, and Expenses NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 142 DECLARATION of Brian Takahashi in Support of BMW's Opposition to Plaintiff's Motion for Attorney Fees, Costs, and Expenses NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 19, 2018 Filing 141 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
October 15, 2018 Filing 140 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Adding Jacob Cutler as counsel of record for Abraham Forouzan for the reason indicated in the G-123 Notice. Filed by Plaintiff Jacob Cutler. (Cutler, Jacob)
October 15, 2018 Filing 139 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) #132 . The following error(s) was/were found: Incomplete docket text: missing name of event and docket text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
October 12, 2018 Filing 138 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Damages PLAINTIFFS MOTION FOR #137 Prejudgment Interest filed by Plaintiff Abraham Forouzan. Motion set for hearing on 11/9/2018 at 09:30 AM before Judge Dolly M. Gee. (Cutler, Jacob)
October 12, 2018 Filing 137 NOTICE OF MOTION AND MOTION for Damages PLAINTIFFS MOTION FOR filed by Plaintiff Abraham Forouzan. Motion set for hearing on 11/9/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration JC, #2 Exhibit A - C, #3 Proposed Order) (Cutler, Jacob)
October 12, 2018 Filing 136 APPLICATION to the Clerk to Tax Costs against Defendant All Defendants filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration Jacob Cutler, #2 Exhibit 1 -10) (Cutler, Jacob)
October 12, 2018 Filing 135 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION for Attorney Fees #134 filed by Plaintiff Abraham Forouzan. Motion set for hearing on 11/9/2018 at 09:30 AM before Judge Dolly M. Gee. (Cutler, Jacob)
October 12, 2018 Filing 134 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Abraham Forouzan. Motion set for hearing on 11/9/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration RS, #2 Exhibit 1 - 8, #3 Exhibit 9 - 17, #4 Declaration JC, #5 Exhibit 1-10, #6 Declaration PS, #7 Exhibit 1-12, #8 Exhibit 13-23, #9 Request for Judicial Notice, #10 Proposed Order) (Cutler, Jacob)
October 12, 2018 Filing 133 APPLICATION to the Clerk to Tax Costs against Defendants All Defendants filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Jacob Cutler, #2 Exhibit 1 -10 to the Declaration of Jacob Cutler) (Cutler, Jacob)
October 12, 2018 Filing 132 (Attorney Payam Shahian added to party Abraham Forouzan(pty:pla))(Shahian, Payam)
October 11, 2018 Filing 131 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob William Cutler counsel for Plaintiff Abraham Forouzan. Adding Jacob Cutler as counsel of record for Abraham Forouzan for the reason indicated in the G-123 Notice. Filed by Plaintiff Jacob Cutler. (Attorney Jacob William Cutler added to party Abraham Forouzan(pty:pla))(Cutler, Jacob)
October 2, 2018 Opinion or Order Filing 130 MINUTES OF IN CHAMBERS - ORDER RE PRE-JUDGMENT INTEREST AND COSTS by Judge Dolly M. Gee: This matter having come before the Court for trial by jury, the jury having returned a verdict in favor of Plaintiff Abraham Forouzan, and the Court having issued a judgment thereon, IT IS ORDERED that by 10/12/2018, Plaintiff shall file a motion addressing his entitlement to pre-judgment interest, attorneys' fees, and costs. Alternatively, the parties may file a stipulation and proposed order regarding these issues. Court Reporter: Not Reported. (gk)
October 2, 2018 Filing 129 JUDGMENT ON THE VERDICT FOR THE PLAINTIFF(S) by Judge Dolly M. Gee: This action came on for jury trial, the Honorable Dolly M. Gee, District Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, IT IS ORDERED AND ADJUDGED that Plaintiff Abraham Forouzan recover of the defendants BMW of North America, LLC the sum of $25,058.79. (MD JS-6, Case Terminated). (gk)
September 28, 2018 Filing 128 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stipulation of counsel and/or by Order of the Court, all exhibits listed on the joint exhibits list are returned to counsel for respective party(ies). (gk)
September 28, 2018 Filing 127 UNREDACTED VERDICT FORM Re: Redacted Verdict Form #126 . (gk)
September 28, 2018 Filing 126 REDACTED VERDICT FORM. (gk)
September 28, 2018 Filing 125 VERDICT FORM (Blank). (gk)
September 28, 2018 Filing 124 UNREDACTED Jury Note Number 3 filed Re: Redacted Jury Note #123 . (gk)
September 28, 2018 Filing 123 REDACTED Jury Note Number 3 filed. (gk)
September 28, 2018 Filing 122 UNREDACTED Jury Note Number 2 filed Re: Redacted Jury Note #121 . (gk)
September 28, 2018 Filing 121 REDACTED Jury Note Number 2 filed. (gk)
September 28, 2018 Filing 120 UNREDACTED Jury Note Number 1 filed Re: Redacted Jury Note #119 . (gk)
September 28, 2018 Filing 119 REDACTED Jury Note Number 1 filed. (gk)
September 28, 2018 Filing 118 LIST OF EXHIBITS AND WITNESSES at trial. (gk)
September 28, 2018 Filing 117 JURY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk)
September 28, 2018 Filing 116 PRELIMINARY INSTRUCTIONS (Given) by Judge Dolly M. Gee. (gk)
September 28, 2018 Filing 115 MINUTES OF Jury Trial - 4th Day held and completed before Judge Dolly M. Gee: Exhibits admitted. Closing arguments made. Bailiff(s) sworn. Jury retires to deliberate. Jury verdict in favor of plaintiff(s) is read and filed. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Clerk reviewed admitted exhibits with counsel to be submitted to the Jury/Court for deliberation/findings. The Court receives jury note nos. 1-3, and meets and confers with counsel as to each. Court Reporter: Anne Kielwasser. (gk)
September 27, 2018 Filing 114 MINUTES OF Jury Trial - 3rd Day held before Judge Dolly M. Gee: Exhibits identified and admitted. Plaintiff(s) rest. Defendant(s) rest. Jury Trial continued to 9/28/2018 09:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk)
September 27, 2018 Filing 113 REQUEST FOR JUDICIAL NOTICE In Support of Plaintiff's Trial Brief Re: Lease Damages filed by Plaintiff Abraham Forouzan. (Attachments: #1 Exhibit Exhibit 1)(Kim, Eleazar)
September 27, 2018 Filing 110 TRIAL BRIEF Bench Brief re Damages filed by Plaintiff Abraham Forouzan.. (Kim, Eleazar)
September 26, 2018 Filing 112 MINUTES OF Jury Trial - 2nd Day held before Judge Dolly M. Gee: Exhibits identified and admitted. The Court provided draft jury instructions and draft verdict form to counsel by email. Jury Trial continued to 9/27/2018 08:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk)
September 26, 2018 Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Eleazar D Kim counsel for Plaintiff Abraham Forouzan. Adding Eleazar D. Kim as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Attorney Eleazar D Kim added to party Abraham Forouzan(pty:pla))(Kim, Eleazar)
September 25, 2018 Filing 111 MINUTES OF Jury Trial - 1st Day held before Judge Dolly M. Gee: Jury impaneled and sworn. Opening statements made. Witnesses called, sworn and testified. Exhibits identified and admitted. For the reasons stated on the record, the Order to Show Cause dated 9/20/2019 #100 is discharged. Jury Trial continued to 9/26/2018 09:00 AM before Judge Dolly M. Gee. Court Reporter: Anne Kielwasser. (gk)
September 24, 2018 Filing 108 Notice of Appearance or Withdrawal of Counsel: for attorney Erin Melody-Rosenfeld counsel for Plaintiff Abraham Forouzan. Adding Erin Melody-Rosenfeld as counsel of record for Plaintiff Abraham Forouzan for the reason indicated in the G-123 Notice. Filed by Plaintiff Erin Melody-Rosenfeld. (Attorney Erin Melody-Rosenfeld added to party Abraham Forouzan(pty:pla))(Melody-Rosenfeld, Erin)
September 24, 2018 Filing 107 TRIAL BRIEF Re: Restitution Damages and Breach of Implied Warranty filed by Plaintiff Abraham Forouzan.. (Santos, Rowena)
September 24, 2018 Filing 106 PROPOSED Objection to Special Verdict Form JURY VERDICT filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
September 24, 2018 Filing 105 OBJECTIONS to Designation of Record #104 of Plaintiff's Designation of Deposition Testimony of Mike Rice to be Used at Trial filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
September 24, 2018 Filing 104 DESIGNATION OF RECORD filed by Plaintiff Abraham Forouzan. (Gi, Rodney)
September 24, 2018 Filing 103 AMENDED Joint Trial Exhibit List filed by Defendant BMW of North America, LLC.. (Dietrich, Claire)
September 24, 2018 Filing 102 PROPOSED JURY INSTRUCTIONS (Joint Statement Re: Jury Instruction Issues set) filed by Plaintiff Abraham Forouzan.. (Santos, Rowena)
September 20, 2018 Filing 101 DECLARATION of Rowena Santos re Minutes of In Chambers Order/Directive - no proceeding held,, #100 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
September 20, 2018 Opinion or Order Filing 100 MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED FOR COUNSEL'S LATE FILING OF REVISED SET OF PROPOSED JURY INSTRUCTIONS by Judge Dolly M. Gee: Accordingly, IT IS ORDERED that Plaintiff's counsel show cause in writing no later than noon September 21, 2018, why sanctions should not be imposed for the late filing. IT IS FURTHER ORDERED that Plaintiff's counsel shall, forthwith, provide the Court with a Word version of the revised set of jury instructions by email. (See order for details.) (kti)
September 20, 2018 Filing 99 PROPOSED SPECIAL Revised JURY VERDICT filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
September 20, 2018 Filing 98 PROPOSED JURY INSTRUCTIONS (Revised set) filed by Plaintiff Abraham Forouzan.. (Santos, Rowena)
September 20, 2018 Opinion or Order Filing 97 MINUTES OF IN CHAMBERS - ORDER RE JURY INSTRUCTION ISSUES by Judge Dolly M. Gee: The Court's preliminary review of counsel's jury instructions #53 discloses issues, which require clarification. Counsel shall meet and confer and, no later than noon on 9/24/2018, shall file a joint statement setting forth each party's position with respect to the issues listed in this order. See document for further details. Court Reporter: Not Reported. (gk)
September 13, 2018 Filing 96 Notice of Appearance or Withdrawal of Counsel: for attorney Karyn L Ihara counsel for Defendant BMW of North America, LLC. Karyn L. Ihara is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
September 12, 2018 Filing 95 PROPOSED REVISED SPECIAL JURY VERDICT filed by Defendant BMW of North America, LLC. (Dietrich, Claire)
September 7, 2018 Filing 94 Notice of Appearance or Withdrawal of Counsel: for attorney Claire E Dietrich counsel for Defendant BMW of North America, LLC. Adding Claire E. Dietrich as counsel of record for BMW of North America, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Attorney Claire E Dietrich added to party BMW of North America, LLC(pty:dft))(Dietrich, Claire)
September 6, 2018 Filing 93 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Chung counsel for Defendant BMW of North America, LLC. Adding Michael Chung as counsel of record for BMW of North America, LLC for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC. (Attorney Michael Chung added to party BMW of North America, LLC(pty:dft))(Chung, Michael)
August 27, 2018 Opinion or Order Filing 92 MINUTES (IN CHAMBERS) - ORDER Re Nonparty Michael Sean Rice's Motion to Quash Subpoena #88 by Judge Dolly M. Gee: The Court GRANTS the Motion insofar as it seeks to quash the subpoena and DENIES the Motion insofar as it seeks sanctions against Plaintiff's counsel. The parties shall lodge Rice's deposition in accordance with the Case Management Orders procedures. [Doc. # 15 at 15.] The hearing on September 7, 2018 is VACATED. (jp)
August 23, 2018 Filing 91 REPLY In Support of NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Michael Sean Rice #88 filed by Movant Michael Sean Rice. (Attachments: #1 Declaration Robert A. Philipson, #2 Exhibit A)(Philipson, Robert)
August 17, 2018 Filing 90 Opposition re: NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Michael Sean Rice #88 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Rodney Gi & Exhibits 1 - 5)(Gi, Rodney)
August 8, 2018 Opinion or Order Filing 89 FINAL PRETRIAL CONFERENCE ORDER approved by Judge Dolly M. Gee. (gk)
August 8, 2018 Filing 88 NOTICE OF MOTION AND MOTION to Quash Trial Subpoena for Michael Sean Rice filed by Witness Michael Sean Rice. Motion set for hearing on 9/7/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michael Sean Rice, #3 Declaration of Robert A. Philipson, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E) (Attorney Robert A Philipson added to party Michael Sean Rice(pty:mov)) (Philipson, Robert)
July 6, 2018 Opinion or Order Filing 87 ORDER RE DEFENDANT BMW'S MOTION FOR PARTIAL SUMMARY JUDGMENT #76 by Judge Dolly M. Gee: In light of the foregoing, the Court GRANTS BMW's motion for partial summary judgment. Because BMW maintains a QTRP, Plaintiff may not recover at trial civil penalties for non-willful violations of section 1793.2(d)(2) of the Song-Beverly Act. IT IS SO ORDERED. (See order for details.) (kti)
July 6, 2018 Filing 86 MINUTES OF DEFENDANT BMW OF NORTH AMERICA, LLC'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE EXISTENCE OF A QUALIFIED THIRD-PARTY DISPUTE RESOLUTION PROCESS #76 Hearing held before Judge Dolly M. Gee: The cause is called and counsel state their appearance. The Court invites counsel to respond to the tentative ruling. Following oral argument, the Court advises counsel that the motion shall be taken under submission and a written order will issue. Court Reporter: Cindy Nirenberg. (kti)
July 5, 2018 Filing 85 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process #76 Supplemental Declaration of Richard L. Stuhlbarg filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit 11 to declaration, #2 Exhibit Exhibit 12 to declaration, #3 Exhibit Exhibit 13 to declaration)(Stuhlbarg, Richard)
July 2, 2018 Opinion or Order Filing 84 MINUTES OF IN CHAMBERS - ORDER RE AUTHENTICATION OF DOCUMENTS IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Dolly M. Gee: On 6/8/2018, Defendant filed the pending motion for partial summary judgment #76 . In support, Defendant submitted defense counsel Richard Stuhlbarg's declaration, which introduces several exhibits. Some of these exhibits are properly authenticated while others are not. Although Plaintiff's objection to Defendant's unauthenticated submissions is well taken, the problem can be easily remedied and the Court would prefer to rule on the motion with all admissible evidence, rather than on a limited record due to procedural defects. Accordingly, if Defendant wants this Court to consider all documents submitted in support of the MSJ, Defendant shall file a properly authenticated supporting declaration by no later than 7/5/2018. Court Reporter: Not Reported. (gk)
June 27, 2018 Opinion or Order Filing 83 MINUTES OF IN CHAMBERS - ORDER RE MOTIONS IN LIMINE by Judge Dolly M. Gee: The Court rules on the parties' Motions in Limine ("MIL") as follows: The Court GRANTS in part and DENIES in part consistent with this Order Defendant's MIL No. 1 #51 ; The Court GRANTS in part and DENIES in part consistent with this Order Defendant's MIL No. 2 #39 ; The Court GRANTS Defendant's MIL No. 3 #40 ; The Court GRANTS in part and DENIES in part consistent with this Order Defendant's MIL No. 4 #41 ; The Court DENIES Defendant's MIL No. 5 (Daubert motion) #42 ; The Court GRANTS Plaintiff's MIL No. 1 #46 ; The Court DENIES Plaintiff's MIL No. 2 #47 ; The Court GRANTS Plaintiff's MIL No. 3 #48 except with regard to the repurchase demand and BMW's response thereto; and The Court DENIES Plaintiff's MIL No. 4 (Daubert motion) #57 . Court Reporter: Not Reported. (gk)
June 22, 2018 Filing 82 REPLY NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process #76 filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
June 22, 2018 Filing 81 NOTICE of Errata re ECF No.56-Joint Statment of the Case filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit A)(Ihara, Karyn)
June 15, 2018 Filing 80 STATEMENT of Genuine Disputes of Material Fact In Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process #76 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
June 15, 2018 Filing 79 STATEMENT of Plaintiff's Evidentiary Objections In Opposition of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process #76 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
June 15, 2018 Filing 78 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process #76 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Proposed Order)(Santos, Rowena)
June 12, 2018 Filing 77 REPLY to Plaintiff's Supplemental Brief in Opposition to Motion in Limine to Exclude Improper Legal Opinions filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
June 8, 2018 Filing 76 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Regarding the Existence of a Qualified Third-Party Dispute Resolution Process filed by defendant BMW of North America, LLC. Motion set for hearing on 7/6/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities, #2 Request for Judicial Notice, #3 Declarations of Richard L. Stuhlbarg and Karyn L. Ihara, #4 Statement of Uncontroverted Facts, #5 Proposed Order) (Stuhlbarg, Richard)
June 6, 2018 Opinion or Order Filing 75 ORDER RE JOINT STIPULATION TO CONTINUE JURY TRIAL by Judge Dolly M. Gee: Upon Stipulation #73 , IT IS ORDERED that that the jury trial in this action is continued to and shall commence on 9/25/2018 08:30 AM before Judge Dolly M. Gee. (gk)
June 5, 2018 Filing 74 Supplemental brief in opposition to re: MOTION IN LIMINE (#1) to Exclude IMPROPER LEGAL OPINIONS AND REFERENCE TO THE PHRASE LEMON LAW OR LEMON #51 re admissibility of Plaintiff's testimony regarding their perceptions of their vehicle's impaired value, use or safety filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
June 5, 2018 Filing 73 Joint STIPULATION to Continue Jury Trial to September 25, 2018 filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order)(Ihara, Karyn)
June 1, 2018 Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) #67 . The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk)
May 29, 2018 Filing 71 MINUTES OF Final Pretrial Conference and Motion Hearing held before Judge Dolly M. Gee RE: Defendant BMW of North America's Motion in Limine No. 1 to Exclude Improper Legal Opinions and Reference to the Phrase "Lemon Law" or "Lemon" #51 ; Defendant BMW of North America's Motion in Limine No. 2 to Preclude Introduction of Evidence of Concerns Not Presented or Only Presented Once #39 ; Defendant BMW of North America's Motion in Limine No. 3 to Exclude Argument that Repair Order Alone Substantially Impair Value #40 ; Defendant BMW of North America's Motion in Limine No. 4 to Exclude Reference to Plaintiff's Subjective Expectations #41 ; Defendant BMW of North America's Motion in Limine No. 5 to Exclude Improper Legal Opinions Under Daubert #42 ; Plaintiff's Motion in Limine No. 1 Excluding Evidence of or References to Attorney's Fees #46 ; Plaintiff's Motion in Limine No. 2 to Exclude Evidence of Argument Referring or Relating to Defendant's Arbitration Program #47 ; Plaintiff's Motion in Limine No. 3 to Exclude Evidence or Argument Referring or Relating to Settlement Negotiations #48 ; Plaintiff's Motion in Limine No. 4 to Exclude Defendant's Expert Testimony #57 . The Court invites counsel to respond to its tentative ruling on the motions in limine. The Court hears argument. Plaintiff may file a supplemental brief regarding the admissibility of Plaintiffs' testimony regarding their perceptions of their vehicle's impaired value, use, or safety by 6/5/2018. Defendant may file a response by 6/12/2018. Thereafter, the motions shall stand submitted. By 6/8/2018, Defendant shall file a motion for partial summary judgment or partial summary adjudication of issues as to the existence of a qualified third party dispute resolution process. The motion hearing will be set for 7/6/2018 at 2:00 PM. The Court and counsel confer regarding the logistics of trial. The Court GRANTS Plaintiff's ex parte application #69 and VACATES the trial date of 6/26/2018. The Jury Trial shall commence on either 8/7/2018 or 9/25/2018 at 8:30 AM and will conclude within three court days. Each side shall be allotted four hours for their respective case-in-chief (including cross-examination). Court Reporter: Anne Kielwasser. (gk)
May 29, 2018 Filing 70 BMW NA's Opposition to Plaintiff's Ex Parte Application to Continue Trial; Declaration of Richard L. Stuhlbarg opposition re: EX PARTE APPLICATION to Continue Trial from June 26, 2018 to July 26, 2018 #69 filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Stuhlbarg, Richard)
May 27, 2018 Filing 69 EX PARTE APPLICATION to Continue Trial from June 26, 2018 to July 26, 2018 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Memorandum, #2 Declaration of Dan Calef, #3 Declaration of Rodney Gi, #4 Exhibit 1 to Rodney Gi's Decl., #5 Exhibit 2 to Rodney Gi's Decl., #6 Exhibit 3 to Rodney Gi's Decl., #7 Declaration of Rowena Santos, #8 Exhibit 1 to Rowena Santos' Decl., #9 Proposed Order) (Santos, Rowena)
May 22, 2018 Filing 68 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude IMPROPER LEGAL OPINIONS UNDER DAUBERT #42 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Dara Tabesh, #2 Exhibit 1 to Tabesh Declaration)(Tabesh, Dara)
May 22, 2018 Filing 67 OPPOSITION in opposition to re: MOTION IN LIMINE (#1) to Exclude IMPROPER LEGAL OPINIONS AND REFERENCE TO THE PHRASE LEMON LAW OR LEMON #51 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
May 22, 2018 Filing 66 OPPOSITION in opposition to re: MOTION IN LIMINE (#2) to Exclude CONCERNS NOT PRESENTED OR ONLY PRESENTED ONCE #39 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration of Rowena Santos, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Santos, Rowena)
May 22, 2018 Filing 65 OPPOSITION in opposition to re: MOTION IN LIMINE (#3) to Exclude ARGUMENT THAT REPAIR ORDERS ALONE SUBSTANTIALLY IMPAIR VALUE #40 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
May 22, 2018 Filing 64 OPPOSITION in opposition re: MOTION IN LIMINE (#4) to Exclude REFERENCE TO PLAINTIFF'S SUBJECTIVE EXPECTATIONS #41 filed by Plaintiff Abraham Forouzan. (Santos, Rowena)
May 22, 2018 Filing 63 NOTICE of Appearance filed by attorney Dara Tabesh on behalf of Plaintiff Abraham Forouzan (Attorney Dara Tabesh added to party Abraham Forouzan(pty:pla))(Tabesh, Dara)
May 22, 2018 Filing 62 OPPOSITION in opposition to re: Fourth MOTION IN LIMINE to Exclude Defendant's expert testimony #57 filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
May 22, 2018 Filing 61 OPPOSITION in opposition to re: MOTION IN LIMINE (# 3) to Exclude Evidence or Argument Referring or Relating to Settlement Negotiations #48 filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
May 22, 2018 Filing 60 REQUEST FOR JUDICIAL NOTICE [Filed Concurrently with Opposition to Plaintiff's Motion in Limine No. 2] filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
May 22, 2018 Filing 59 OPPOSITION in opposition to re: MOTION IN LIMINE (# 2) to Exclude Evidence or Argument Referring or Relating to Defendant's Arbitration Program #47 filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
May 22, 2018 Filing 58 OPPOSITION in opposition to re: MOTION IN LIMINE (# 1) to Exclude Evidence of or References to Attorney's Fees #46 filed by Defendant BMW of North America, LLC. (Stuhlbarg, Richard)
May 16, 2018 Filing 57 NOTICE OF MOTION AND Fourth MOTION IN LIMINE to Exclude Defendant's expert testimony filed by Plaintiff Abraham Forouzan. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Rowena Santos, #2 Exhibit 1, #3 Exhibit 2)(Santos, Rowena)
May 15, 2018 Filing 56 STATEMENT JOINT STATEMENT OF THE CASE filed by Defendant BMW of North America, LLC (Ihara, Karyn)
May 15, 2018 Filing 55 [PROPOSED] PRETRIAL CONFERENCE ORDER filed by Defendant BMW of North America, LLC (Ihara, Karyn)
May 15, 2018 Filing 54 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
May 15, 2018 Filing 53 PROPOSED JURY INSTRUCTIONS (UNANNOTATED set) filed by Defendant BMW of North America, LLC.. (Ihara, Karyn)
May 15, 2018 Filing 52 Witness List filed by Defendant BMW of North America, LLC.. (Ihara, Karyn)
May 15, 2018 Filing 51 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude IMPROPER LEGAL OPINIONS AND REFERENCE TO THE PHRASE LEMON LAW OR LEMON filed by Defendant BMW of North America, LLC. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ihara, Karyn)
May 15, 2018 Filing 50 PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Abraham Forouzan. (Gi, Rodney)
May 15, 2018 Filing 49 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Abraham Forouzan. (Gi, Rodney)
May 15, 2018 Filing 48 NOTICE OF MOTION AND MOTION IN LIMINE (# 3) to Exclude Evidence or Argument Referring or Relating to Settlement Negotiations filed by Plaintiff Abraham Forouzan. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration)(Gi, Rodney)
May 15, 2018 Filing 47 NOTICE OF MOTION AND MOTION IN LIMINE (# 2) to Exclude Evidence or Argument Referring or Relating to Defendant's Arbitration Program filed by Plaintiff Abraham Forouzan. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration)(Gi, Rodney)
May 15, 2018 Filing 46 NOTICE OF MOTION AND MOTION IN LIMINE (# 1) to Exclude Evidence of or References to Attorney's Fees filed by Plaintiff Abraham Forouzan. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Declaration)(Gi, Rodney)
May 15, 2018 Filing 45 JOINT Exhibit List filed by Defendant BMW of North America, LLC.. (Ihara, Karyn)
May 15, 2018 Filing 44 Proposed Voir Dire Questions filed by Defendant BMW of North America, LLC.. (Ihara, Karyn)
May 15, 2018 Filing 43 PROPOSED SPECIAL JURY VERDICT filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
May 15, 2018 Filing 42 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude IMPROPER LEGAL OPINIONS UNDER DAUBERT filed by Defendant BMW of North America, LLC. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Ihara, Karyn)
May 15, 2018 Filing 41 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude REFERENCE TO PLAINTIFF'S SUBJECTIVE EXPECTATIONS filed by Defendant BMW of North America, LLC. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Ihara, Karyn)
May 15, 2018 Filing 40 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude ARGUMENT THAT REPAIR ORDERS ALONE SUBSTANTIALLY IMPAIR VALUE filed by Defendant BMW of North America, LLC. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order)(Ihara, Karyn)
May 15, 2018 Filing 39 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude CONCERNS NOT PRESENTED OR ONLY PRESENTED ONCE filed by Defendant BMW of North America, LLC. Motion set for hearing on 5/29/2018 at 02:00 PM before Judge Dolly M. Gee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Ihara, Karyn)
May 3, 2018 Filing 38 JOINT REPORT of Regarding Settlement Conference filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
March 27, 2018 Opinion or Order Filing 37 ORDER GRANTING IN PART AND DENYING IN PART BMW OF NORTH AMERICA, LLC'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER by Judge Dolly M. Gee: The Court GRANTS in part and DENIES in part Defendant BMW of North America, LLC's Ex Parte Application to Modify Scheduling Order #35 . The Application is DENIED in part in connection with the request to extend non-expert discovery. The Application is GRANTED in part in connection with the expert disclosure and discovery deadlines and the request for a second vehicle inspection. The Court CONTINUES the expert-related and final pretrial documents deadlines as follows: Initial expert disclosure and report deadline 4/17/2018. Rebuttal expert disclosure and report deadline 5/1/2018. Expert discovery cut-off (including expert discovery motion hearings) and all other final pretrial documents, including motions in limine by 5/15/2018. Opposition to motions in limine due 5/22/2018. The Final Pretrial Conference shall remain on 5/29/2018. The second vehicle inspection shall be completed prior to the initial expert disclosure and report deadline's expiration. (gk)
March 23, 2018 Filing 36 Opposition In Opposition re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 5/21/2018 #35 filed by Plaintiff Abraham Forouzan. (Attachments: #1 Declaration Rodney Gi, #2 Declaration Rowena Santos)(Gi, Rodney)
March 22, 2018 Filing 35 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 5/21/2018 filed by Defendant BMW of North America, LLC. (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L-1, #14 Exhibit L-2, #15 Exhibit L-3, #16 Exhibit L-4, #17 Exhibit M, #18 Exhibit N, #19 Exhibit O, #20 Exhibit P, #21 Proposed Order) (Ihara, Karyn)
March 15, 2018 Filing 34 Notice of Appearance or Withdrawal of Counsel: for attorney Michael G Devlin counsel for Plaintiff Abraham Forouzan. Michael Devlin is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Devlin, Michael)
March 15, 2018 Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Rodney Gi counsel for Plaintiff Abraham Forouzan. Adding Rodney Gi as counsel of record for Abraham Forouzan for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Attorney Rodney Gi added to party Abraham Forouzan(pty:pla))(Gi, Rodney)
March 15, 2018 Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Rowena G Santos counsel for Plaintiff Abraham Forouzan. Adding Rowena Santos as counsel of record for Abraham Forouzan for the reason indicated in the G-123 Notice. Filed by Plaintiff Abraham Forouzan. (Attorney Rowena G Santos added to party Abraham Forouzan(pty:pla))(Santos, Rowena)
March 7, 2018 Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen Jude Kelley counsel for Defendant BMW of North America, LLC. Adding Stephen J. Kelley as counsel of record for BMW of North America, Inc. for the reason indicated in the G-123 Notice. Filed by defendant BMW of North America, LLC. (Attorney Stephen Jude Kelley added to party BMW of North America, LLC(pty:dft))(Kelley, Stephen)
March 7, 2018 Filing 30 NOTICE by Magistrate Judge Gail J. Standish taking off calendar the pre-discovery motion telephone conference scheduled for today March 7, 2018 due to the expiration of the discovery cut off deadline. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY
March 6, 2018 Filing 29 NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' March 6, 2018 email for 3/7/2018 at 11:30 AM before Magistrate Judge Gail J. Standish. The call in information for the conference is: Conference Line 888-251-2909; Access Code 4043024. Additionally, counsel shall notify the Court Clerk via email at earlene_carson@cacd.uscourts.gov of the name of each counsel appearing on the call. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY
March 6, 2018 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Corinne D Orquiola counsel for Defendant BMW of North America, LLC. Corinne D. Orquiola is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant BMW of North America, LLC. (Orquiola, Corinne)
February 21, 2018 Opinion or Order Filing 27 ORDER RE JOINT STIPULATION TO CONTINUE NON-EXPERT DISCOVERY DEADLINE TO 2/23/2018 FOR PLAINTIFF'S DEPOSITION OF BEVERLY HILLS BMW'S 30(B)(6) REPRESENTATIVE AND SERGIO GARCIA, TECHNICIAN by Judge Dolly M. Gee: Upon Stipulation #23 , IT IS ORDERED that the non-expert discovery deadline is continued, nunc pro tunc, to 2/23/2018 to allow Plaintiff to depose third-party dealer Beverly Hills BMW's 30(b)(6) representative and Sergio Garcia, Technician. (gk)
February 21, 2018 Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion to Compel Deposition of Plaintiff Abraham Forouzan #24 by Magistrate Judge Gail J. Standish. The document is stricken. Counsel must review Judge Standish's procedures regarding discovery disputes. (ec)
February 21, 2018 Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Compel Deposition of Plaintiff Abraham Forouzan #24 . The following error(s) was/were found: Counsel has filed a discovery motion in violation of Judge Standish's procedures. Counsel must review Judge Standish's procedures related to discovery disputes. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ec)
February 20, 2018 Filing 24 (STRICKEN) NOTICE OF MOTION AND MOTION to Compel Deposition of Plaintiff Abraham Forouzan filed by Defendant BMW of North America, LLC. Motion set for hearing on 3/14/2018 at 10:00 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Compel, #2 Declaration of Karyn Ihara in Support of Motion to Compel, #3 Proposed Order re BMW's Motion to Compel Plaintiff's Deposition)(Ihara, Karyn) Modified on 2/21/2018 (ec).
February 19, 2018 Filing 23 Joint STIPULATION to Continue Non-Expert Discovery Deadline to February 23, 2018 for Plaintiff's Deposition of Beverly Hills BMW's 30 (b)(6) Representative and Sergio Garcia, Technician from February 20, 2018 to February 23, 2018 filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order)(Ihara, Karyn)
January 5, 2018 Filing 22 MEDIATION REPORT Filed by Mediator (ADR Panel) Ronald Akasaka: Mediation held on December 15, 2017. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Killefer, Gail)
December 22, 2017 Filing 21 STATUS REPORT re Outcome of Private Mediation filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
October 23, 2017 Opinion or Order Filing 20 ORDER RE JOINT STIPULATION TO EXTEND DEADLINE FOR PARTICIPATION IN EARLY MEDIATION AND JOINT REPORT RE RESULTS OF EARLY MEDIATION #19 by Judge Dolly M. Gee. IT IS HEREBY ORDERED that the deadline to participate in early mediation is continued from November 3, 2017 to December 15, 2017. IT IS FURTHER ORDERED that the deadline for the joint report re results of early mediation is continued from November 10, 2017 to December 22, 2017. (lom)
October 20, 2017 Filing 19 Joint STIPULATION to Continue Deadline for Early Mediation from November 3, 2017 to December 15, 2017 filed by Defendant BMW of North America, LLC. (Attachments: #1 Proposed Order)(Ihara, Karyn)
September 5, 2017 Filing 18 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Ronald Akasaka has been assigned to serve as Panel Mediator. (mb)
August 29, 2017 Filing 17 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Ron Akasaka may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 10/9/2017 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Abraham Forouzan(Devlin, Michael)
July 13, 2017 Opinion or Order Filing 16 ORDER/REFERRAL to ADR Procedure No 2 by Judge Dolly M. Gee. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 11/3/17 (early mediation); 5/1/18. Joint report re results of early mediation due by 11/10/17; joint status report re settlement due by 5/8/18; no appearance necessary. (iv)
July 13, 2017 Opinion or Order Filing 15 SCHEDULING AND CASE MANAGEMENT ORDER FOR JURY TRIAL by Judge Dolly M. Gee. The Court deems a Scheduling Conference unnecessary and hereby vacates the hearing. Amended Pleadings due by 10/13/2017. Discovery cut-off 2/20/2018. Exhibit List due by 5/8/2018. Motions in Limine to be filed by 5/8/2018. Motions due by 3/2/2018. Proposed Pretrial Order due by 5/8/2018. Last date to conduct settlement conference is 5/1/2018. Status Report due by 5/8/2018. Witness List due by 5/8/2018. Final Pretrial Conference set for 5/29/2018 at 2:00 PM before Judge Dolly M. Gee. Jury Trial set for 6/26/2018 at 8:30 AM before Judge Dolly M. Gee. (Attachments: #1 SCHEDULE OF PRETRIAL & TRIAL DATES) (iv)
July 3, 2017 Opinion or Order Filing 14 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having received the parties' joint 26(f) report #13 , the Court hereby RESETS the scheduling conference for July 14, 2017 at 9:30 a.m. The Order to Show Cause dated June 26, 2017 s DISCHARGED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
June 30, 2017 Filing 13 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 Days, filed by Plaintiff Abraham Forouzan.. (Cronk, Anna)
June 27, 2017 Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #9 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Appearance or Withdrawal. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (ak)
June 26, 2017 Opinion or Order Filing 11 MINUTES (IN CHAMBERS) - ORDER TO SHOW CAUSE AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee. On May 25, 2017, the Court set a Scheduling Conference. [Doc. #7 .] As required by the Court's May 25, 2017 Order, Fed. R. Civ. P. 26(f), and Local Rule 26-1, counsel are required to file a Joint Rule 26(f) Report. To date, a Joint Rule 26(f) Report has not been filed. IT IS HEREBY ORDERED that Plaintiff show cause in writing no later than July 3, 2017 why sanctions should not be imposed for their failure to cooperate and participate with opposing counsel in a Rule 26(f) conference and for failure to file a Joint Rule 26(f) Report. The filing of a Joint Rule 26(f) Report by the deadline will be deemed a satisfactory response. The scheduling conference on July 7, 2017 is hereby VACATED and will be rescheduled if necessary. IT IS SO ORDERED. (clee)
June 23, 2017 Filing 10 RULE 26 REPORT of Rule 26 Conference filed by Defendant BMW of North America, LLC. (Orquiola, Corinne)
June 23, 2017 Filing 9 First NOTICE of Appearance filed by attorney Corinne D Orquiola on behalf of Defendant BMW of North America, LLC (Attorney Corinne D Orquiola added to party BMW of North America, LLC(pty:dft))(Orquiola, Corinne)
June 6, 2017 Filing 8 TEXT ONLY ENTRY: NOTICE TO PARTIES: Effective June 1, 2017, Judge Standish is located at the Edward R. Roybal Federal Building, COURTROOM 640 on the 6th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 640 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at the Roybal Federal Building, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY
May 25, 2017 Filing 7 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Scheduling Conference set for 7/7/2017 at 09:30 AM before Judge Dolly M. Gee. (clee)
May 25, 2017 Opinion or Order Filing 6 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (clee)
May 24, 2017 Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa)
May 24, 2017 Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Gail J. Standish. (esa)
May 23, 2017 CONFORMED COPY OF COMPLAINT against defendants BMW of North America, LLC, Does 1 through 10, inclusive, Sonic Automotive, Jury Demand, filed by Plaintiff Abraham Forouzan. (esa)
May 23, 2017 COPY OF SERVICE OF PROCESS TRANSMITTAL OF PROOF OF SERVICE executed by Plaintiff Abraham Forouzan, upon Defendant BMW of North America, LLC served on 3/21/2017. Service of the Summons and Complaint were executed upon CT Corporation System, Agent for Process of Service, on a domestic corporation. Original Summons NOT returned. (esa)
May 23, 2017 CONFORMED COPY OF ANSWER to Complaint, Jury Demand, filed by defendant BMW of North America, LLC.(esa)
May 23, 2017 Filing 3 NOTICE of Interested Parties filed by Defendant BMW of North America, LLC, (Ihara, Karyn)
May 23, 2017 Filing 2 CIVIL COVER SHEET filed by Defendant BMW of North America, LLC. (Ihara, Karyn)
May 23, 2017 Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number BC653189 Receipt No: 0973-19905006 - Fee: $400, filed by Defendant BMW of North America, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K) (Attorney Karyn L Ihara added to party BMW of North America, LLC(pty:dft))(Ihara, Karyn)

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Search for this case: Abraham Forouzan v. BMW of North America, LLC, et al
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Plaintiff: Abraham Forouzan
Represented By: Anna Helena Sorokin Cronk
Represented By: Eleazar D Kim
Represented By: Erin Melody-Rosenfeld
Represented By: Jacob William Cutler
Represented By: Rodney Gi
Represented By: Dara Tabesh
Represented By: Payam Shahian
Represented By: Hallen David Rosner
Represented By: Rowena G Santos
Represented By: Michael G Devlin
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Defendant: BMW of North America, LLC
Represented By: Karyn L Ihara
Represented By: Corinne D Orquiola
Represented By: Stephen Jude Kelley
Represented By: Claire E Dietrich
Represented By: Brian Takahashi
Represented By: Richard L Stuhlbarg
Represented By: Michael Chung
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Defendant: Does 1 through 10, inclusive
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Defendant: Sonic Automotive
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Defendant: Unknown Entity fictitious name Doe 1 doing business as Century West Luxury Sales
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Petitioner: Michael Sean Rice
Represented By: Robert A Philipson
Represented By: Daniel R Villegas
Represented By: Blake Harrison Ramsay
Represented By: Kate S Lehrman
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Alternative dispute resolution (adr) provider: Ronald Akasaka
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