Bernstein

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KAREN BERNSTEIN, Case No.18-cv-01801-JSC

9 Plaintiff,

ORDER RE: PROPOSED FINAL JURY

10 v. INSTRUCTIONS

11 BMW OF NORTH AMERICA, LLC, Defendant. 12

13 14 The Court has reviewed the parties’ proposed jury instructions and has prepared the 15 attached proposed final jury instructions regarding the legal claims and defenses under the Song- 16 Beverly Act, Cal. Civ. Code § 1790 et seq. In addition, the Court has several questions regarding 17 the parties’ claims and defenses. The parties shall each file a written response to this Order and 18 the proposed final jury instructions by noon on Friday, September 13, 2019. The response shall 19 include citations to legal authority. 20 1. Do the damages for a breach of implied warranty claim differ from the damages for a 21 breach of express warranty claim? If so, how are the implied warranty damages 22 calculated? See Isip v. Mercedes-Benz USA, LLC, 155 Cal. App. 4th 19, 25 (2007). 23 2. Is…