Lau v. Mercedes Benz USA, LLC et al
Filing
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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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//
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//
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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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