Victorino

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CARLOS VICTORINO and ADAM Case No.: 16cv1617-GPC(JLB) TAVITIAN, individually, and on behalf of 12 other members of the general public ORDER DENYING DEFENDANT’S similarly situated, MOTION IN LIMINE NO.

Plaintiffs,

v. [Dkt. No. 405.] FCA US LLC, a Delaware limited liability company, 17 Defendant.

19 Before the Court is Defendant’s motion in limine no. 6 to exclude class members 20 who no longer own a Class Vehicle and to exclude any evidence relating to these owners’ 21 alleged damages from the trial. (Dkt. No. 405.) Plaintiff opposes arguing that the Ninth 22 Circuit, in Nguyen v. Nissan, 932 F.3d 811, 820 (9th Cir. 2019), made it clear that post- 23 sale events are not relevant under a benefit of the bargain theory because each Class 24 Member suffered damages at the time of purchase. (Dkt. No. 421.) As such, sale of a 25 Class Vehicle does not affect the damages that class members are entitled to. A motion 26 in limine hearing was held on…