Wade Holt vs. Fca Us LLC

Opposition

Cal. Super. - 4th Dist.June 16, 2016

~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 1 22 23 24 25 26 27 28 ELECTRONICALLY FILED Superior Court of California, County of Orange 02/23/2018 at 12:25:00 PM Barry R. Schirm (SBN 94553) Clerk of the Superior Court Ryan K. Marden (SBN 217709) AF Che (Lag, Cuan: Kans HAWKINS PARNELL THACKSTON & YOUNG LLP 445 South Figueroa Street, Suite 3200 Los Angeles, California 90071 Telephone: (213) 486-8000 Facsimile: (213) 486-8080 Email: bschirm@ hptylaw.com Attorneys for Defendants, FCA US LLC AND GLENN E. THOMAS COMPANY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE Case No.: 30-2016-00858476-CU-BC-CJC Related to Case No. 30-2016-847858 WADE HOLT, Plaintiff, For All Purposes to the Honorable Ronald L. v. Bauer, Department CX103 DEFENDANT FCA US, LLC’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 1 TO EXCLUDE LEGAL OPINIONS AS TO THE APPLICABILITY OF WARRANTY COVERAGE FCA US LLC, a Delaware Limited Liability Company; GLENN E. THOMAS COMPANY, INC. a California Corporation, dba GLENN E. THOMAS DODGE CHRYSLER JEEP; and Does 1 through 10, inclusive. Defendants. Complaint Filed: June 16, 2016 N r N r N e N e N e N e N e N e N e N e N e N e N e N r TO THE COURT, PLAINTIFF AND HIS ATTORNEYS OF RECORD: Defendant FCA US LLC ("Defendant") submits the following Memorandum of Points and Authorities in Opposition to Plaintiff WADE HOLT ("Plaintiff") Motion in Limine No. 1 to exclude legal opinions as to the applicability of warranty coverage. MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION Plaintiff Wade Holt sued Defendant FCA US LLC under the California Song-Beverly Act, Civil Code Sections 1790 et seq. after the 2012 Jeep Grand Cherokee he purchased allegedly suffered from several issues requiring repairs. 1 DEFENDANT FCA US, LLC’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 1 10706674v.1 ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 1 22 23 24 25 26 27 28 Repairs and service of the subject vehicle were performed at Glenn E. Thomas, which is alleged to have performed "negligent" repairs. Defendant denies Plaintiff’s claims and asserts it complied with all legal obligations. II. ARGUMENTS A. Defendant’s Expert and Percipient Witness Testimony Are Not Legal Opinions. In this Motion in limine, Plaintiff is attempting to bar Defendant’s witnesses from offering evidence that Plaintiff complaints may not be subject to warranty coverage. Plaintiff’s Motion attempts to prohibit any and all discussion of the breadth of FCA US's warranty as it related to the Subject Vehicle and alleged complaints. Clearly, a dealership's technician or service manager knows what is covered by the vehicle's warranty and must be allowed to offer such testimony. Put another way, how can the Plaintiff offers any evidence their vehicle complaints were covered by a warranty? Will Plaintiff’s expert witnesses also be prohibited from offering "legal opinions" as to the existence and applicability of FCA US's warranty? Evidence of whether the Plaintiff's complaints were covered by the vehicle's warranty is factual material for the jury and not merely unfounded legal opinions. III. CONCLUSION For the reasons set forth above, Defendant respectfully requests the Court deny Plaintiff’s Motion in Limine No. 1 Exclude Opinions as to the Applicability of Warranty Coverage. Dated: February 23, 2018 HAWKINS PARNELL THACKSTON & YOUNG LLP pil. J ) ” ~ Barry R. Schirm Ryan K. Marden Attorneys for Defendants, FCA USA LLC AND GLENN E. THOMAS COMPANY, INC. 2 DEFENDANT FCA US, LLC’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 1 10706674v.1 ~N O Y a B A W 10 11 12 13 14 15 16 17 18 19 20 1 22 23 24 25 26 27 28 Wade Holt v. FCA US LLC, et al. Orange County Superior Court Case No.: 30-2016-00858476-CU-BC-CJC PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I declare that I am employed by Hawkins Parnell Thackston & Young LLP. I am over the age of eighteen years and not a party to the within cause; my business address is 445 South Figueroa Street, Suite 3200, Los Angeles, California 90071-1651. On the date set forth below, I served the foregoing document(s) described as: DEFENDANT FCA US, LLC’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 1 TO EXCLUDE LEGAL OPINIONS AS TO THE APPLICABILITY OF WARRANTY COVERAGE On the parties in said cause: Steve B. Mikhov Phone: (310) 552-2250 Amy-Lyn Morse Fax: (310) 552-7973 KNIGHT LAW GROUP, LLP 1801 Century Park East, Suite 2300 Attorneys for Plaintiff Los Angeles, CA 90067 Wade Holt Richard M. Wirtz Phone: (858) 259-5009 WIRTZ LAW APC Fax: (858) 259-6008 4370 La Jolla Village Drive, Suite 800 San Diego, CA 92122 Attorneys for Plaintiff Wade Holt X BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on February 23, 2018, at Los Angeles, California. Cos Jon Signature Karine Navasardyan Print Name 3 DEFENDANT FCA US, LLC’S OPPOSITION TO PLAINTIFF’S MOTION IN LIMINE NO. 1 10706674v.1