On July 21, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Ventura, Mario,
and
Does 1-10,
General Motors, Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
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QUILL & ARROW, LLP
Kevin Jacobson. Esq. (SBN 320532)
Harry H. Terzian, Esq. (SBN 347701)
10900 Wilshire Blvd., Suite 300
Los Angeles, CA 90024
8095mm goluk'TgFDcAuFoaNlA
Telephone: (3 1 0) 933—4271 COUNTY 0F SAN BERWD'NO
Facsimile: (310) 889-0645
E-mail: c-scrvicchquillarrowalw.com SEP 06 2023
z gapoda. Depmy
Attorneys for Plaintiff, BY:
Leslie
MARIO VENTURA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11
MARIO VENTURA, an individual. C856 N0.I CIVSBZZISSZO
12
Assi nedfor all purposes t0 Hon. Jeffrey R,
Eric con in Depl. $14
13 Plaintiff,
‘\\
14
DECLARATION OF HARRY H. TERZIAN IN
VS- SUPPORT OF PLAINTIFF’S NOTICE OF
15 GENERAL MOTORS LLC, a Delaware
MOTION AND MOTION FOR LEAVE TO
FILE AN AMENDED COMPLA‘NT
Limited Liability Company, and DOES
l6 [Filed concurrently with Notice ofMotion and
I throngh 25~ inCIUSiVC~
Motionfbr Leave t0 File an Amended Complaint.
l7 and Proposed Order and Third Amended
Complaint]
l8 Defendants.
l9 Date: October 2, 2023
Time: 8:30 am
20
Dept: S 4
l
21
Complaint Filed: July 2 l, 2022
22
SAC Filed: May 2. 2023
23
24
§?w-XE’D
25
26
27
28
DECLARATION OF HARRY H. TERZIAN IN SUPPORT OF PLAINTIFF‘S NOTICE OF MOTION
AND MOTION FOR LEAVE TO FILE A THIRD COMPLAINT
DECLARATION OF HARRY H. TERZIAN
I, Harry H. Terzian, declare as follows,
1. I am an attorney duly licensed to practice law before all of the courts of the State of
California. I am an attorney at the law firm 0f Quill & Arrow, LLP, attorneys ofrecord for Plaintiff
Mario Ventura. (“Plaintiff")
2. I submit this declaration in support 0f Plaintiff‘s Motion for Leave to file a Third
Amcndcd Complaint. I havc personal knowledge of thc above facts, and, if called to testify
regarding those matters, I could and would competently testify thereto.
3. Plaintiff‘s Motion is made pursuant to California Code of Civil Procedure, section
lO 576 on the grounds that Plaintiff. as a party to the instant action, seeks the addition of Punitive
ll Damages against GM, arising out of a Fraud Inducement and Concealment cause of action in
12 conjunction with three existing causes ofaction Plaintiff has already sought (l) Violation 0f Song-
Beverly Act- Breach of Express Warranty; (2) Violation ot‘Song-Beverly Act- Breach ofImplied
l4 Warranty; and (3) Violation 0f the Song-Beverly Act Section l793.2. Plaintiff‘s existing
l5 Fraudulent Inducement and Concealment cause of action GM’s
is sought due to design and
16 manufacturing defects found within its Hydra-Matic 8L45/8L90 Transmission systems, which GM
failed t0 warn Plaintiff about as well as intentionally concealed and omitted this information in
18 ordcr to fraudulently induce Plaintiff‘s purchase 0fthc subject vehicle. Accordingly, this Motion is
19 brought in good faith and would serve the interests of justice and judicial economy. ensuring
20 complete adjudication of Plaintiff‘s additional claims.
21 On April
4. 12. 2023, Plaintiffhad been given leave to amend Plaintiff‘s First Amended
22 Complaint as a result 0fthe Court granting Defendant’s Demurrer and Motion t0 Strike. The Court
23 granted Plaintiffthirty (30) days leave to amend Plaintiff‘s First Amended Complaint. Furthermore.
24 the Court granted without prejudice Defendant’s motion to strike Plaintiff‘s punitive damages.
25 5. On May 2, 2023. Plaintiffdrafted and filed a Second Amended Complaint (“SAC”)
26 bringing forward a Song and Beverly cause ofaction. The SAC contained four (4) causes ofactions:
27 (1)Violation of Song and Bcvcrly Act- Breach ofExprcss Warranty, (2) Violation 0fthc Song and
Beverly Act- Breach of Implied Warranty. (3) Violation of the Song and Beverly Act Section
-7-
DECLARATION OF HARRY H. TERZIAN IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND
MOTION FOR LEAVE T0 FILE A THIRD COMPLAINT
Document Filed Date
September 06, 2023
Case Filing Date
July 21, 2022
Category
Breach of Contract/Warranty Unlimited
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\y \z QUILL & ARROW, LLP Kevin Jacobson. Esq. (SBN 320532) Harry H. Terzian, Esq. (SBN 347701) 10900 Wilshire Blvd., Suite 300 Los Angeles, CA 90024 8095mm goluk'TgFDcAuFoaNlA Telephone: (3 1 0) 933—4271 COUNTY 0F SAN BERWD'NO Facsimile: (310) 889-0645 E-mail: c-scrvicchquillarrowalw.com SEP 06 2023 z gapoda. Depmy Attorneys for Plaintiff, BY: Leslie MARIO VENTURA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 MARIO VENTURA, an individual. C856 N0.I CIVSBZZISSZO 12 Assi nedfor all purposes t0 Hon. Jeffrey R, Eric con in Depl. $14 13 Plaintiff, ‘\\ 14 DECLARATION OF HARRY H. TERZIAN IN VS- SUPPORT OF PLAINTIFF’S NOTICE OF 15 GENERAL MOTORS LLC, a Delaware MOTION AND MOTION FOR LEAVE TO FILE AN AMENDED COMPLA‘NT Limited Liability Company, and DOES l6 [Filed concurrently with Notice ofMotion and I throngh 25~ inCIUSiVC~ Motionfbr Leave t0 File an Amended Complaint. l7 and Proposed Order and Third Amended Complaint] l8 Defendants. l9 Date: October 2, 2023 Time: 8:30 am 20 Dept: S 4 l 21 Complaint Filed: July 2 l, 2022 22 SAC Filed: May 2. 2023 23 24 §?w-XE’D 25 26 27 28 DECLARATION OF HARRY H. TERZIAN IN SUPPORT OF PLAINTIFF‘S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A THIRD COMPLAINT DECLARATION OF HARRY H. TERZIAN I, Harry H. Terzian, declare as follows, 1. I am an attorney duly licensed to practice law before all of the courts of the State of California. I am an attorney at the law firm 0f Quill & Arrow, LLP, attorneys ofrecord for Plaintiff Mario Ventura. (“Plaintiff") 2. I submit this declaration in support 0f Plaintiff‘s Motion for Leave to file a Third Amcndcd Complaint. I havc personal knowledge of thc above facts, and, if called to testify regarding those matters, I could and would competently testify thereto. 3. Plaintiff‘s Motion is made pursuant to California Code of Civil Procedure, section lO 576 on the grounds that Plaintiff. as a party to the instant action, seeks the addition of Punitive ll Damages against GM, arising out of a Fraud Inducement and Concealment cause of action in 12 conjunction with three existing causes ofaction Plaintiff has already sought (l) Violation 0f Song- Beverly Act- Breach of Express Warranty; (2) Violation ot‘Song-Beverly Act- Breach ofImplied l4 Warranty; and (3) Violation 0f the Song-Beverly Act Section l793.2. Plaintiff‘s existing l5 Fraudulent Inducement and Concealment cause of action GM’s is sought due to design and 16 manufacturing defects found within its Hydra-Matic 8L45/8L90 Transmission systems, which GM failed t0 warn Plaintiff about as well as intentionally concealed and omitted this information in 18 ordcr to fraudulently induce Plaintiff‘s purchase 0fthc subject vehicle. Accordingly, this Motion is 19 brought in good faith and would serve the interests of justice and judicial economy. ensuring 20 complete adjudication of Plaintiff‘s additional claims. 21 On April 4. 12. 2023, Plaintiffhad been given leave to amend Plaintiff‘s First Amended 22 Complaint as a result 0fthe Court granting Defendant’s Demurrer and Motion t0 Strike. The Court 23 granted Plaintiffthirty (30) days leave to amend Plaintiff‘s First Amended Complaint. Furthermore. 24 the Court granted without prejudice Defendant’s motion to strike Plaintiff‘s punitive damages. 25 5. On May 2, 2023. Plaintiffdrafted and filed a Second Amended Complaint (“SAC”) 26 bringing forward a Song and Beverly cause ofaction. The SAC contained four (4) causes ofactions: 27 (1)Violation of Song and Bcvcrly Act- Breach ofExprcss Warranty, (2) Violation 0fthc Song and Beverly Act- Breach of Implied Warranty. (3) Violation of the Song and Beverly Act Section -7- DECLARATION OF HARRY H. TERZIAN IN SUPPORT OF PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR LEAVE T0 FILE A THIRD COMPLAINT