Seungtae Kim v. BMW Financial Services NA

142 F. Supp. 3d 935, 2015 U.S. Dist. LEXIS 147604, 2015 WL 6680911
CourtDistrict Court, C.D. California
DecidedOctober 30, 2015
DocketCase No. CV 14-01752-BRO (JCx)
StatusPublished
Cited by9 cases

This text of 142 F. Supp. 3d 935 (Seungtae Kim v. BMW Financial Services NA) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seungtae Kim v. BMW Financial Services NA, 142 F. Supp. 3d 935, 2015 U.S. Dist. LEXIS 147604, 2015 WL 6680911 (C.D. Cal. 2015).

Opinion

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

BEVERLY REID O’CONNELL,, United States District Judge

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 Motions.

II. FACTUAL AND PROCEDURAL HISTORY

This case arose from Defendant’s wrongful credit reporting regarding a car loan taken out in Plaintiffs name by Mike Kim, an individual Plaintiff claimed stole his identity. The case progressed to a jury trial that commenced on August'25, 2015. (J. After Jury Trial (“Judgment”) at 1; Dkt. No. 159.) At trial, three of Plaintiff s four initial causes of action were at issue: (1)’violation of the federal FCRA, under 15 U.S.C. § 1681 et seq.; (2) violation of the CIT, pursuant to California Civil Code section 1798 et seq.\ and, (3) violation of the California Consumer Credit Reporting Agencies Act (“CCRAA”), according to California Civil Code section 1785.1 et seq. (PL’s Opp’n to Def.’s Renewed Mot. for J. as a Matter of Law (“'Opp’n to RJMOL”) at 1-2.) Plaintiff argued the car loan was executed without his knowledge or consent, and that Defendant failed to adequately respond to his reports of identity theft. Defendant countered that it complied with applicable law in responding to these reports and Plaintiffs credit disputes, and that Plaintiff authorized Miké Kim to use Plaintiffs personal identification to purchase the car.

After the jury began its deliberations, but before the jury rendered its verdict, Defendant moved for Judgment as a Matter of Law under Federal Rule of Civil Procedure 50(a), thereby preserving its right to renew the motion pursuant to Rule 50(b). (See Tr. of Trial Proceedings (“Transcript”) at 675:22; .Dkt, No,' 178, Ex. 4.) The motion was based on two grounds: (1) that Plaintiffs CIT claim failed because the evidence “overwhelmingly showed” that Plaintiff signed a power of attorney form authorizing.Mike Kim to purchase a 2007 BMW in Plaintiffs name; and, (2) with regard to the FCRA and CCRAA claims, Plaintiff failed to establish.damages resulting from Defendant’s reports because Plaintiff did not prove that Defendant actually reported the disputed loan after Defendant completed its investigation of Plaintiffs - identity theft claim. (Transcript at 676:2-678:1.) The Court [940]*940denied Defendant’s motion, concluding that, as to, the first ground, there was sufficient disputed evidence for a jury to decide whether Plaintiff authorized Mike Kim to purchase the BMW in Plaintiffs name. (Id at 680:15-20,) Regarding Defendant’s second argument, the Court also determined that Plaintiffs testimony, which indicated that Defendant continued to- report the disputed loan until mid-2014, was sufficient evidence, to require a jury to decide whether Defendant reported the disputed loan after its investigation concluded. (Id at 680:21-23.)

On August 28, 2015, .the jury rendered its unanimous verdict, finding in Plaintiffs favor on two of his three claims. (Judgment at 1.) As to the CIT claim, the jury found that Plaintiff proved by a preponderance of the evidence that he was a victim of identity theft and that Defendant violated the CIT law. (Jury Verdict at 1-2, 6-7.) The jury assessed a civil penalty of $30,000 against Defendant — the maximum allowed under the CIT statute — and also awarded Plaintiff $150,000 in noneco-nomic damages. (Judgment at 1.) With respect to the FCRA claim, the jury concluded that Defendant damaged Plaintiff by failing to conduct a reasonable investigation of Plaintiff s dispute. (Jury Verdict at 2.) Specifically, the jury determined that Defendant negligently performed its investigation, but it determined that Defendant did not “willfully” violate the FCRA. (Id at 3.) The jury ultimately awarded Plaintiff $250,000 for the injury to his reputation or creditworthiness caused by Defendant’s negligent FCRA violation. (Judgment at 1.) As to the CCRAA claim, while the jury found that Defendant reported inaccurate or incomplete credit information about Plaintiff to one or- more credit bureaus, thereby harming Plaintiff, it ultimately concluded that Defendant maintained reasonable procedures to comply with the CCRAA. (Jury Verdict at 4-5.) Accordingly, the jury found in Defendant’s favor on the CCRAA claim and awarded no damages. (Judgment at 1.)

On October 1, 2015, Defendant filed a Renewed Motion for Judgment as a Matter of Law, (Dkt. No. 169), and a Motion for New Trial, (Dkt. No. 171). Plaintiff timely opposed1 the motions on October 14, 2015, (Dkt.Nos.176, 177), and Defendant timely replied, (Dkt.Nos.193,195).

III. REQUESTS FOR JUDICIAL NOTICE

Under Federal Rule of Evidence 201(b), a “judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court, or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201(b). A court may properly take judicial notice of matters in the public record. See Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir.2001). Further, a court “shall take judicial notice if requested by a party and supplied with the necessary information.” See Fed.R.Evid. 201(d); Mullis v. U.S. Bankr.Ct. for Dist. of Nev., 828 F.2d 1385, 1388 (9th Cir.1987).

In its first Request, Defendant asks the Court to take judicial notice of various documents filed in or issued by this Court, and documents admitted as evidence during the trial that took place from August 25, 2015 to August 28, 2015. (First Req. for Judicial Notice (“1st RJN”) ¶¶ 1-14, Exs. 1-14; Dkt. No.

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142 F. Supp. 3d 935, 2015 U.S. Dist. LEXIS 147604, 2015 WL 6680911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seungtae-kim-v-bmw-financial-services-na-cacd-2015.