On October 04, 2021 a
Party Discovery
was filed
involving a dispute between
Medina, Ernesto,
Rodriguez, Porfirio,
and
Does 1 To 10,
General Motors, Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
1
QUILL & ARROW, LLP
Kevm Y“ Jacobson’ Esq' (SBN 320532) F a
SUPERIOR COURT 0F CALIFORNIA
2 k1acobson(a)quxllarrowlaw.com COUNTY 0F SAN BERNARDINO
Harry Terzian, Esq. (SBN 347701)
3 hterzian@quillarrowlaw.com
JUL 25 '
2023
e—service@quillarrowlaw.c0m
4 10900 Wilshire Boulevard, Suite 300 r”?
Los Angeles CA 90024
’ ’
——-
5 .
BY' EJALEE GAY‘ epu‘y
Telephone: (3 10) 933-4271
6 Facsimile: (3 10) 889-0645
7 Attorneys for Plaintiffs,
PORFIRIO RODRIGUEZ AND ERNESTO MEDINA
8
9
SUPERIOR COURT OF CALIFORNIA
10
3
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:
C“
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v
11
12
13
14
15
PORFIRIO RODRIGUEZ,
AND ERNESTO MEDINA’ an deIdual’
I ’
Plalntlffs,
COUNTY 0F SAN BERNARDINO
an individual. Case Nos W
Assignedfor all Purposes
in Department $22
DECLARATION OF HARRY TERZIAN, ESQ.
t0 the Hon. Bryan Foster
f1
~
16 VS_ IN SUPPORT 0F PLAINTIFFS’ MOTION TO
":y,
’
COMPEL FURTHER RESPONSES TO
17
PLAINTIFFS’ REQUESTS FOR
PRODUCTION OF DOCUMENTS, SET TWO
GENERAL MOTORS LLC, a Delaware
18 ’
Limited Liability Company, and DOES 1 fiancurreztjléfiled witg Plairzltifg NoticeSof
'
through 10, Incluswe,
'
otion an otion t0 ompe ; eparate tatement,
19
and [Proposed] Order]
20 HEARING:
21 Defendants. Date: August 21, 2023
Time: 8:30 a.m.
22 Dept.: S32
23 Complaint October 4, 2021
Filed:
Trial Date: September 5, 2023
24
25
26 ‘
w
27
28
DECLARATION OF HARRY TERZIAN, ESQ.
DECLARATION OF HARRY TERZIAN, ESQ.
I, Harry Terzian, declare as follows:
1. I am an attorney duly licensed to practice law before all courts of the State of
California. I am an attorney at the law firm of Quill & Arrow, LLP. am one of the attorneys of
I
record for Plaintiffs PORFIRIO RODRIGUEZ AND ERNESTO MEDINA (“Plaintiffs”), and as
such, I have personal knowledge of the facts contained herein, and, if called to testify regarding
those matters, I could and would competently testify thereto.
2. I respectfully submit this declaration in support 0f Plaintiffs’ Motion to Compel
Further Responses to Plaintiffs’ Requests for Production of Documents, Set Two.
10 Factual Background
11 3. On July 16, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado, having VIN No.
12 3GCPWCED8KG244827 ("the Subject Vehicle”). The causes of action in the Complaint arise out
13 of the warranty and repair obligations of GENERAL MOTORS LLC. in connection with a vehicle
'W‘:
14 that Plaintiffs purchased and for Which GENERAL MOTORS LLC. issued a written warranty.
j;
15 4. GENERAL MOTORS LLC. warranted the Subject Vehicle and agreed to preserve
16 or maintain the utility or performance of Plaintiffs’ vehicle or to provide compensation ifthere was
17 a failure in such utility or performance.
18 5. On information and belief, the Subject Vehicle was delivered to Plaintiffs with
19 serious defects and nonconformities to warranty and developed other serious defects and
20 nonconformities to warranty including, but not limited to, transmission, brake, structural and
21 electrical system defects.
22 6. Defendant was unable to conform Plaintiffs’ vehicle to the applicable express
23 warranty after a reasonable number of repair attempts. Notwithstanding Plaintiffs’ warranty and other
24 entitlements, Defendant has failed to date to either promptly replace the motor vehicle 0r to promptly
25 make restitution in accordance with the Song-Beverly Act.
26 7. What follows is a summary of some pertinent repairs performed by Defendant’s
27 authorized repair facilities. Attached hereto as Exhibit 1 is a true and correct copy of some of the
28 pertinent repair orders for the Subject Vehicle provided by Defendant’s authorized repair facilities.
_ 2 _
DECLARATION OF HARRY TERZIAN, ESQ.
Document Filed Date
July 25, 2023
Case Filing Date
October 04, 2021
Category
Breach of Contract/Warranty Unlimited
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1 QUILL & ARROW, LLP Kevm Y“ Jacobson’ Esq' (SBN 320532) F a SUPERIOR COURT 0F CALIFORNIA 2 k1acobson(a)quxllarrowlaw.com COUNTY 0F SAN BERNARDINO Harry Terzian, Esq. (SBN 347701) 3 hterzian@quillarrowlaw.com JUL 25 ' 2023 e—service@quillarrowlaw.c0m 4 10900 Wilshire Boulevard, Suite 300 r”? Los Angeles CA 90024 ’ ’ ——- 5 . BY' EJALEE GAY‘ epu‘y Telephone: (3 10) 933-4271 6 Facsimile: (3 10) 889-0645 7 Attorneys for Plaintiffs, PORFIRIO RODRIGUEZ AND ERNESTO MEDINA 8 9 SUPERIOR COURT OF CALIFORNIA 10 3 L : C“ x ’ e y‘ j v 11 12 13 14 15 PORFIRIO RODRIGUEZ, AND ERNESTO MEDINA’ an deIdual’ I ’ Plalntlffs, COUNTY 0F SAN BERNARDINO an individual. Case Nos W Assignedfor all Purposes in Department $22 DECLARATION OF HARRY TERZIAN, ESQ. t0 the Hon. Bryan Foster f1 ~ 16 VS_ IN SUPPORT 0F PLAINTIFFS’ MOTION TO ":y, ’ COMPEL FURTHER RESPONSES TO 17 PLAINTIFFS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO GENERAL MOTORS LLC, a Delaware 18 ’ Limited Liability Company, and DOES 1 fiancurreztjléfiled witg Plairzltifg NoticeSof ' through 10, Incluswe, ' otion an otion t0 ompe ; eparate tatement, 19 and [Proposed] Order] 20 HEARING: 21 Defendants. Date: August 21, 2023 Time: 8:30 a.m. 22 Dept.: S32 23 Complaint October 4, 2021 Filed: Trial Date: September 5, 2023 24 25 26 ‘ w 27 28 DECLARATION OF HARRY TERZIAN, ESQ. DECLARATION OF HARRY TERZIAN, ESQ. I, Harry Terzian, declare as follows: 1. I am an attorney duly licensed to practice law before all courts of the State of California. I am an attorney at the law firm of Quill & Arrow, LLP. am one of the attorneys of I record for Plaintiffs PORFIRIO RODRIGUEZ AND ERNESTO MEDINA (“Plaintiffs”), and as such, I have personal knowledge of the facts contained herein, and, if called to testify regarding those matters, I could and would competently testify thereto. 2. I respectfully submit this declaration in support 0f Plaintiffs’ Motion to Compel Further Responses to Plaintiffs’ Requests for Production of Documents, Set Two. 10 Factual Background 11 3. On July 16, 2019, Plaintiffs purchased a 2019 Chevrolet Silverado, having VIN No. 12 3GCPWCED8KG244827 ("the Subject Vehicle”). The causes of action in the Complaint arise out 13 of the warranty and repair obligations of GENERAL MOTORS LLC. in connection with a vehicle 'W‘: 14 that Plaintiffs purchased and for Which GENERAL MOTORS LLC. issued a written warranty. j; 15 4. GENERAL MOTORS LLC. warranted the Subject Vehicle and agreed to preserve 16 or maintain the utility or performance of Plaintiffs’ vehicle or to provide compensation ifthere was 17 a failure in such utility or performance. 18 5. On information and belief, the Subject Vehicle was delivered to Plaintiffs with 19 serious defects and nonconformities to warranty and developed other serious defects and 20 nonconformities to warranty including, but not limited to, transmission, brake, structural and 21 electrical system defects. 22 6. Defendant was unable to conform Plaintiffs’ vehicle to the applicable express 23 warranty after a reasonable number of repair attempts. Notwithstanding Plaintiffs’ warranty and other 24 entitlements, Defendant has failed to date to either promptly replace the motor vehicle 0r to promptly 25 make restitution in accordance with the Song-Beverly Act. 26 7. What follows is a summary of some pertinent repairs performed by Defendant’s 27 authorized repair facilities. Attached hereto as Exhibit 1 is a true and correct copy of some of the 28 pertinent repair orders for the Subject Vehicle provided by Defendant’s authorized repair facilities. _ 2 _ DECLARATION OF HARRY TERZIAN, ESQ.