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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
PESTOTNIK LLP SAN BERNARDINO DISTRICT
Ross H. Hyslop (149358)
501 W. Broadway, Suite 1025
9/27/2023 1:37 PM
San Diego, California 92101 By: Brianna Johnson, DEPUTY
Tel: 619.237.3000
Fax: 619.342.8020
Attorneysfor PlaintzflLISA HILL, 0n behalfofherselfi
the proposed class, all others Similarly Situated, and 0n
behalfofthe generalpublic
THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
10 LISA HILL, an individual, on behalf of herself, Case No. CIV DS 1 826573
the proposed class(es), all others similarly
11 situated, and 0n behalf 0f the general public, CLASS ACTION
12 Plaintiff, PLAINTIFF LISA HILL’S NOTICE 0F
MOTION AND MOTION FOR
13 V. SUMMARY ADJUDICATION
AGAINST DEFENDANT QUAID
14 QUAID HARLEY-DAVIDSON, INC., a HARLEY-DAVIDSON, INC. (“QHD”)
California corporation; and DOES 1 through 10, AND 1N FAVOR 0F PLAINTIFF 0N
15 inclusive, THE SECOND (FAL), THIRD (CLRA),
EIGHTH (UNJUST ENRICHMENT)
16 Defendants. AND NINTH (UCL) CAUSES 0F
ACTION 0F PLAINTIFF’S SECOND
17 AMENDED COMPLAINT, AND 0N
QUAID HARLEY-DAVIDSON, INC., a QHD’s DUTY 0F DISCLOSURE
18
California Corporation, Date: December 2023
13,
19 Time: 8:30 a.m.
Cross—Complainant, Judge: Hon. Wilfred J. Schneider
20 V. Location: Department S32
21 HARLEY-DAVIDSON MOTOR COMPANY, San Bernardino Superior Court
247 West Third Street
INC., a Wisconsin corporation, and ROES 1
22 San Bernardino, CA 92415-0201
through 10, inclusive,
23 Unlimited Civil Case
Cross-Defendants.
24 Complaint Filed: 10/05/20 1 8
FAC Filed: 3/4/2019
25 SAC Filed: 5/22/20 1 9
Trial: 1/29/2024
26
Assigned for all purposes t0 the Honorable
27 Wilfred J. Schneider
28
PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION
TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT, 0n December 13, 2023 at 8:30 a.m., or as soon
thereafter as the Court may hear the matter, in Department S32 of the above-entitled court, located
at the San Bernardino Superior Court, 247 West Third Street, San Bernardino, CA 92415-
0201, Plaintiff Lisa Hill (“Plaintiff”) Will and hereby does move, pursuant to Section 437C 0f the
California Code of Civil Procedure, for summary adjudication of the second (FAL), third (CLRA),
eighth (unjust enrichment), and ninth (UCL) causes 0f action causes 0f action her Second
Amended Complaint (“SAC”).
w
10
11
M
moves
Plaintiff s
in her
motion
SAC, which
shall and hereby
are based
separately for an order of summary adjudication.
is
on separate and
directed t0 both the individual claims and
distinct wrongful acts,
The summary adjudication
and on which
statute
Plaintiff
12 (C.C.P. § 437C) allows a party’s summary adjudication motion to be directed t0 separate and
13 distinct wrongful acts, even if combined in same cause of action in a complaint. Blue Mountain
14 Enterprises, LLC. v. Owen (2022) 74 Ca1.App.5th 537, 549—550; Lilienthal & Fowler v. Superior
15 Court (1993) 12 Cal.App.4th 1848, 1854—1855. Plaintiff Hill’s motion does so here, as explained
16 below.
17
18 Summary Adiudication Notice 0f Motion and Motion 0n Individual Claims in SAC
19 Accordingly, as to the individual claims in her SAC (described in SAC 1H] 18-21),
20 Plaintiff’ s motion shall and hereby is made 0n the grounds that there is n0 defense (or n0 merit to
21 any affirmative defense) to her second (FAL), third (CLRA), and ninth (UCL) causes 0f action,
22 there is n0 triable issue as to any material fact, and Plaintiff is entitled to summary adjudication on
23 each cause of action, as a matter of law. See C.C.P. § 4370(f), (p)(1); Aguilar v. Atlantic Richfield
24 C0. (2001) 25 Cal.4th 826; Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th
25 226, 241 (plaintiff s burden of proof on motion for summary adjudication is defined by C.C.P.
26 § 437c(p)(1), and only requires that a plaintiff “prove [ ]
each element of the cause 0f action
27 entitling the party t0 judgment on that cause 0f action”); Troyk v. Farmers Group, Inc. (2009) 171
28
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PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO PESTOTNIK LLP SAN BERNARDINO DISTRICT Ross H. Hyslop (149358) 501 W. Broadway, Suite 1025 9/27/2023 1:37 PM San Diego, California 92101 By: Brianna Johnson, DEPUTY Tel: 619.237.3000 Fax: 619.342.8020 Attorneysfor PlaintzflLISA HILL, 0n behalfofherselfi the proposed class, all others Similarly Situated, and 0n behalfofthe generalpublic THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO 10 LISA HILL, an individual, on behalf of herself, Case No. CIV DS 1 826573 the proposed class(es), all others similarly 11 situated, and 0n behalf 0f the general public, CLASS ACTION 12 Plaintiff, PLAINTIFF LISA HILL’S NOTICE 0F MOTION AND MOTION FOR 13 V. SUMMARY ADJUDICATION AGAINST DEFENDANT QUAID 14 QUAID HARLEY-DAVIDSON, INC., a HARLEY-DAVIDSON, INC. (“QHD”) California corporation; and DOES 1 through 10, AND 1N FAVOR 0F PLAINTIFF 0N 15 inclusive, THE SECOND (FAL), THIRD (CLRA), EIGHTH (UNJUST ENRICHMENT) 16 Defendants. AND NINTH (UCL) CAUSES 0F ACTION 0F PLAINTIFF’S SECOND 17 AMENDED COMPLAINT, AND 0N QUAID HARLEY-DAVIDSON, INC., a QHD’s DUTY 0F DISCLOSURE 18 California Corporation, Date: December 2023 13, 19 Time: 8:30 a.m. Cross—Complainant, Judge: Hon. Wilfred J. Schneider 20 V. Location: Department S32 21 HARLEY-DAVIDSON MOTOR COMPANY, San Bernardino Superior Court 247 West Third Street INC., a Wisconsin corporation, and ROES 1 22 San Bernardino, CA 92415-0201 through 10, inclusive, 23 Unlimited Civil Case Cross-Defendants. 24 Complaint Filed: 10/05/20 1 8 FAC Filed: 3/4/2019 25 SAC Filed: 5/22/20 1 9 Trial: 1/29/2024 26 Assigned for all purposes t0 the Honorable 27 Wilfred J. Schneider 28 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT, 0n December 13, 2023 at 8:30 a.m., or as soon thereafter as the Court may hear the matter, in Department S32 of the above-entitled court, located at the San Bernardino Superior Court, 247 West Third Street, San Bernardino, CA 92415- 0201, Plaintiff Lisa Hill (“Plaintiff”) Will and hereby does move, pursuant to Section 437C 0f the California Code of Civil Procedure, for summary adjudication of the second (FAL), third (CLRA), eighth (unjust enrichment), and ninth (UCL) causes 0f action causes 0f action her Second Amended Complaint (“SAC”). w 10 11 M moves Plaintiff s in her motion SAC, which shall and hereby are based separately for an order of summary adjudication. is on separate and directed t0 both the individual claims and distinct wrongful acts, The summary adjudication and on which statute Plaintiff 12 (C.C.P. § 437C) allows a party’s summary adjudication motion to be directed t0 separate and 13 distinct wrongful acts, even if combined in same cause of action in a complaint. Blue Mountain 14 Enterprises, LLC. v. Owen (2022) 74 Ca1.App.5th 537, 549—550; Lilienthal & Fowler v. Superior 15 Court (1993) 12 Cal.App.4th 1848, 1854—1855. Plaintiff Hill’s motion does so here, as explained 16 below. 17 18 Summary Adiudication Notice 0f Motion and Motion 0n Individual Claims in SAC 19 Accordingly, as to the individual claims in her SAC (described in SAC 1H] 18-21), 20 Plaintiff’ s motion shall and hereby is made 0n the grounds that there is n0 defense (or n0 merit to 21 any affirmative defense) to her second (FAL), third (CLRA), and ninth (UCL) causes 0f action, 22 there is n0 triable issue as to any material fact, and Plaintiff is entitled to summary adjudication on 23 each cause of action, as a matter of law. See C.C.P. § 4370(f), (p)(1); Aguilar v. Atlantic Richfield 24 C0. (2001) 25 Cal.4th 826; Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 25 226, 241 (plaintiff s burden of proof on motion for summary adjudication is defined by C.C.P. 26 § 437c(p)(1), and only requires that a plaintiff “prove [ ] each element of the cause 0f action 27 entitling the party t0 judgment on that cause 0f action”); Troyk v. Farmers Group, Inc. (2009) 171 28 _ 1 _ PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR SUMMARY ADJUDICATION