TRAN vs BMW OF NORTH AMERICA, LLC

24CV094953: TRAN vs BMW OF NORTH AMERICA, LLC 09/10/2026 Hearing on Motion to Compel Motion to Compel Vehicle Inspection; filed by BMW of North America, LLC (Defendant) CRS# 490002232577 in Department 512

Tentative Ruling - 09/09/2026 Elizabeth Riles

The Motion to Compel DEFENDANT BMW OF NORTH AMERICA, LLCS NOTICE OF MOTION AND MOTION TO COMPEL VEHICLE INSPECTION; DECLARATION OF MARCELA MOORE filed by BMW of North America, LLC on 06/02/2026 is Granted in Part.

Defendant BMW of North America, LLC’s (“Defendant”) Motion to Compel Vehicle Inspection is GRANTED IN PART.

This is a Lemon Law case, where Plaintiff seeks applicable remedies in connection with his purchase of a certified, pre-owned 2020 BMW M340I with 33,791 miles on it at the time of Plaintiff’s 6/30/2023 purchase (the “Vehicle”).

ANALYSIS OF MOTION TO COMPEL

The Motion to Compel is GRANTED IN PART.

No later than 3:00 p.m. on Monday, 9/14/2026, Plaintiff shall provide Defendant with three (3) dates for a vehicle inspection of the at-issue Vehicle to commence on or before Friday, 9/25/2026 between 8:00 a.m. and 12:00 p.m. Defendant shall choose one of the three proffered dates, unless the parties mutually agree to a date and time to occur no later than Monday, 9/28/2025. The Court extends the applicable discovery cut-off date in this action solely with respect to the above-ordered vehicle inspection.

Plaintiff shall provide Defendant’s expert with a twenty (20) minute grace period on the date of the inspection ordered above. If Defendant’s expert fails to appear within twenty minutes of the accepted start date and time, Plaintiff may leave with the Vehicle and no further inspection shall go forward.

Having reviewed the parties’ respective papers, the Court finds that neither party’s counsel acted with the professionalism or professional courtesy this Court expects of parties who appear before it with respect to scheduling and completing a vehicle inspection of the type that should be routine in Lemon Law cases.

Plaintiff in Opposition contends it was not served with the Moving papers on this motion. However, the moving papers contain an apparently valid proof of service by email, and Plaintiff served an Opposition, thereby waiving any defect in service. The Court has considered Plaintiff’s Opposition papers.

The Court DENIES each side’s request for attorneys’ fees. Under the totality of the circumstances, neither party is entitled to an award of attorneys’ fees on the present Motion to 24CV094953: TRAN vs BMW OF NORTH AMERICA, LLC 09/10/2026 Hearing on Motion to Compel Motion to Compel Vehicle Inspection; filed by BMW of North America, LLC (Defendant) CRS# 490002232577 in Department 512 Compel.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

To contest a tentative ruling, a party should do the following:

First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Parties may appear via videoconference, using the Zoom.com website or application.

TO CONNECT TO ZOOM:

Join the meeting using the following link: https://www.zoomgov.com/j/16057661931 Join the meeting by Phone:

Meeting ID: 160 5766 1931

1 669 254 5252, 16057661931# US (San Jose) 1 669 216 1590, 16057661931# US (San Jose) 833 568 8864 US Toll-free