Lau v. Mercedes Benz USA, LLC et al

Filing 131

Court's Proposed Verdict Form. Signed by Magistrate Judge Donna M. Ryu on 02/12/2014. (dmrlc1, COURT STAFF) (Filed on 2/12/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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No. C-11-01940 DMR

DON LAU,

[PROPOSED] VERDICT FORM

Plaintiff,

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v.

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MERCEDES-BENZ USA, LLC,
Defendant.

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(1)

Did DON LAU purchase a 2007 Mercedes Benz SL 55 manufactured by or

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distributed by MERCEDES-BENZ USA, LLC?

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___ Yes

___ No

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If your answer to question 1 is yes, then answer question 2.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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(2)

Did MERCEDES-BENZ USA, LLC give DON LAU a written warranty?
___ 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

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sign and date this form.

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(3)

Did the vehicle qualify as a “new motor vehicle” as defined by the SongBeverly Consumer Warranty Act?

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___ Yes

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___ No

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If your answer to question 3 is yes, then answer question 4.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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Northern District of California

United States District Court

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(4)

Did the vehicle have a defect in the SRS system covered by the warranty that

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substantially impaired the vehicle’s use, value or safety to a reasonable buyer in

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DON LAU’s situation?
___ Yes

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___ No

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If your answer to question 4 is yes, then answer question 5.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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(5)

Was the defect in the 2007 Mercedes Benz SL 55's SRS system caused by
unauthorized or unreasonable use of the vehicle following its sale?

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___ Yes

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___ No

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If your answer to question 5 is no, then answer question 6.

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If you answered yes, stop here, answer no further questions and have the presiding

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juror sign and date this form.

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(6)

Did MERCEDES-BENZ USA, LLC or its authorized repair facility fail to repair

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the vehicle to match the written warranty after a reasonable number of

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opportunities to do so?
___ Yes

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___ No

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If your answer to question 6 is yes, then answer question 7.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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(7)

Did MERCEDES-BENZ USA, LLC fail to promptly replace or repurchase the
vehicle?

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___ Yes

Northern District of California

United States District Court

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___ No

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If your answer to question 7 is yes, then answer question 8.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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(8)

What are DON LAU’s damages? Calculate as follows:

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Add the following amounts:

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a.

The purchase price of the vehicle
itself:

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b.

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$_______________________

Sales tax, license fees, registration
fees, and other official fees:

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c.

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$_______________________

Incidental damages:

$_______________________

SUBTOTAL (line a-c):

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$_______________________

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The parties agree that DON LAU drove the vehicle 117 miles between the time the

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car was delivered upon purchase to the time he first presented the car to a

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Mercedes-Benz authorized repair facility for repair. Therefore, under the Song-

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Beverly Consumer Warranty Act, the value of the use of the vehicle before it was

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brought in/submitted for repair is $119.17.

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VALUE OF USE:

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$119.17

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Subtract the “VALUE OF USE” from the “SUBTOTAL” above and insert the result in
the TOTAL DAMAGES below:

Northern District of California

United States District Court

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TOTAL DAMAGES:

$_______________________

After you have completed question 8, then answer question 9.

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(9)

Did MERCEDES-BENZ USA, LLC willfully fail to repurchase or replace the
vehicle?

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___ Yes

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___ No

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If your answer to question 9 is yes, then answer question 10.

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If you answered no, stop here, answer no further questions and have the presiding juror

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sign and date this form.

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(10)

What amount, if any, do you impose as a civil penalty? You may not exceed two
times the “TOTAL DAMAGES” that you entered in Question (8) above.

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CIVIL PENALTY: $________________________

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Dated:______________________

______________________________
PRESIDING JUROR

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After the verdict form has been signed, this verdict form must be delivered to the

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Courtroom Attendant.

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IT IS SO ORDERED.

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Northern District of California

United States District Court

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Dated: February 12, 2014

_________________________________
DONNA M. RYU
UNITED STATES MAGISTRATE JUDGE

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