Henry Canani v. Ford Motor Company et al

Filing 117

STIPULATED JUDGMENT AND ORDER by Judge Stanley Blumenfeld, Jr.: Upon Stipulation 116 , it is ORDERED: (1) Plaintiff is entitled to recover judgment for a total sum of $38,979.85, inclusive of damages for breach of both the express warranty and the implied warranty; (2) The parties further agree that this Stipulated Judgment entitles Plaintiff to pursue reasonable attorney fees, costs and expenses pursuant to California Civil Code Section 1794(d) and is the prevailing party. (MD JS-6, Case Terminated). (gk)

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  1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 3 4 5 Plaintiff, 6 7 8 9 10 Case No. 2:21-cv-03346-SB-JC HENRY CANANI, STIPULATED JUDGMENT AND ORDER vs. Trial: December 28, 2021 FORD MOTOR COMPANY; and DOES 1 through 50, inclusive, Defendants. Judge: Hon. Stanley Blumenfeld, Jr. Magistrate: Hon. Jacqueline Chooljian 11 12 13   14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 STIPULATED JUDGMENT AND ORDER   1 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Plaintiff HENRY CANANI (“Plaintiff”) and Defendant FORD MOTOR 3 COMPANY (“Defendant”) (collectively, “the Parties”), by and through their 4 respective counsel of record, have entered into a stipulation for entry of judgment 5 on Plaintiff’s 1st Cause of Action to the Complaint for Violation of Civil Code 6 1793.2(d) and 5th Cause of Action to the Complaint for Breach of the Implied 7 Warranty of Merchantability (California Civil Code § 1791.1). The Complaint 8 was filed on March 17, 2020. 9 The Parties stipulate to the following Findings and Order: FINDINGS 10 11 12 13 Plaintiff Henry Canani purchased a 2018 Ford F-150 distributed by Ford Motor Company. 2. At the time of purchase, Ford Motor Company was in the business of distributing 2018 Ford F-150 vehicles.   14 1. 15 16 17 18 19 20 21 3. Ford Motor Company gave Henry Canani a written warranty covering the 2018 Ford F-150. 4. The 2018 Ford F-150 had a defect covered by a written warranty and that substantially impaired its use. 5. Henry Canani delivered the vehicle to Ford Motor Company or its authorized repair facility for repair of the defect. 6. Ford Motor Company or its authorized repair facility failed to repair 22 the vehicle to match the written warranty after a reasonable number of 23 opportunities to do so. 24 7. Henry Canani’s 2018 Ford F-150 was not of the same quality as those 25 generally accepted in the trade or fit for the ordinary purpose for which it was 26 intended. 27 8. Plaintiff is entitled to recover $38,979.85 with respect to Plaintiff’s 28 1 STIPULATED JUDGMENT AND ORDER   1 2 3 4 5th Cause of Action for Breach of the Implied Warranty of Merchantability. 9. Plaintiff is entitled to recover $37,095.15 with respect to Plaintiff’s 1st Cause of Action for Violation of Civil Code Section 1793.2(d). 10. Plaintiff elects recovery of $38,979.85 for Plaintiff’s 5th Cause of 5 Action for Breach of the Implied Warranty of Merchantability and does not seek 6 to recover $37,095.15 for the Plaintiff’s 1st Cause of Action. 7 11. This action came for Trial on December 28, 2021 in Department 6C 8 of the United States District Court, Central District of California, the Hon. Stanley 9 Blumenfeld, Jr., presiding. A unanimous jury of eight sworn-in individuals 10 reached a verdict finding that Ford Motor Company did not willfully fail to 11 repurchase or replace the 2018 Ford F-150. 12 THEREFORE, it is ORDERED: 13 1. Plaintiff is entitled to recover judgment for a total sum of $38,979.85, inclusive of damages for breach of both the express warranty and the implied 15 warranty.   14 16 2. The parties further agree that this Stipulated Judgment entitles 17 Plaintiff to pursue reasonable attorney fees, costs and expenses pursuant to 18 California Civil Code § 1794(d) and is the prevailing party. 19 20 21 CONSUMER LAW EXPERTS, PC Dated: December 29, 2021 SANDERS ROBERT LLP Dated: January 7, 2022 By: /s/ Benjeman Beck BENJEMAN BECK CAREY WOOD SEAN CRANDALL Attorneys for Plaintiff, HENRY CANANI By: /s/ Sabrina Narain JUSTIN H. SANDERS, ESQ. SABRINA NARAIN, ESQ. Attorneys for Defendant FORD MOTOR COMPANY 22 23 24 25 26 27 28 2 STIPULATED JUDGMENT AND ORDER   JUDGMENT AND ORDER 1 2 3 IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT 4 JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF HENRY CANANI 5 AND AGAINST FORD MOTOR COMPANY. 6 7 JUDGMENT IS ENTERED IN FAVOF OF PLAINITFF AS FOLLOWS: 8 9 10 1. Total payment of $38,979.85 on Plaintiff’s election of remedy for the breach of the implied warranty and not breach of the express warranty. 11 2. Attorney fees, costs and expenses are to be resolved informally. 12 3. If the parties are unable to informally resolve the attorney fees, costs and expenses by motion then Plaintiff shall file a motion for attorney fees, costs 14 and expenses by January 10, 2022.   13 15 4. Defendant is to file any opposition by January 14, 2022. 16 5. Plaintiff may file a reply by January 17, 2022. 17 18 SO ORDERED. 19 20 21 Dated: January 7, 2022 22 23 24 Stanley Blumenfeld, Jr. United States District Judge 25 26 27 28 1 STIPULATED JUDGMENT AND ORDER

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