Seungtae Kim v. BMW Financial Services NA

ORDER DENYING DEFENDANT’S MOTIONS FOR JUDGMENT AS A MATTER OF LAW AND A NEW TRIAL [169] [171]

I. INTRODUCTION

Before the Court are two motions filed by Defendant BMW Financial Services NA, LLC (“Defendant”)- following a jury verdict in Plaintiff Seungtae Kim’s (“Plaintiff’) favor. In the first, Defendant renews its Motion for Judgment as a Matter of Law (“RJMOL”), and asks the Court to’ enter, judgment in its favor because, according to Defendant, a reasonable jury could not have found for Plaintiff on his Fair Credit Reporting Act (“FCRA”) and California Identity Theft (“CIT”) claims. (Dkt. No. 169.) The second motion seeks a new trial pursuant to Federal Rule of Civil Procedure 59 on .the grounds that the jury’s award of $430,000 in damages is excessive and based on insufficient evidence, and that the Court erroneously declined to give two jury instructions that Defendant proposed. (Dkt. No. 171.) After considering the papers filed in support of and in opposition to the instant Motion, the Court deems this matter appropriate for decision without oral argument of counsel. See Fed.R.Civ.P. 78; C.D. Cal. L.R. 7-15. For the following reasons, the Court DENIES Defendant’s…