On October 05, 2018 a
Exhibit,Appendix
was filed
involving a dispute between
Hill, Lisa,
and
Quaid Harley-Davidson, Inc. A California Corporation,
for Business Tort/Unfair Business Practice Unlimited
in the District Court of San Bernardino County.
Preview
ER; I
CCU ON .
L
PESTOTNIK LLP
SANAgEfiOFOSf’fri :0
Ross H. Hyslop (149358)
501 w. Broadway, Suite 1025 “‘MéDjX/BER‘RIAL/FOR
35p OolsrfifIA/A’“
San Diego, California 92101 23
‘
CT
13-, .
202
Tel; 619.237.3000
Fax: 619.342.8020 2W
"Wé‘flak‘r
k
l
M “M
W
,
‘
“I
Attorneysfor PlaintiflLISA HILL, 0n behalfofherselfi
the proposed class, all others similarly 83.1%
situated, and 0n '
t
behalfofthe generalpublic (7f;
OOVQ
THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
\0
10 LISA HILL, an individual, on behalf of herself, Case No. CIV D81826573
the proposed class(es), all others similarly
11 situated, and on behalf of the general public,
CLASS ACTION
12 Plaintiff, DECLARATION OF ROSS H. HYSLOP
IN SUPPORT OF PLAINTIFF LISA
13 V. HILL’S OPPOSITION TO PETITION
TO COMPEL ARBITRATION OF
14 QUAID HARLEY-DAVIDSON, INC., a DEFENDANT QUAID HARLEY-
Califqmia corporation; and DOES through
1 10, DAVIDSON, INC.
15 ”‘0‘”st
[VOLUME 2 — EXHIBITS 6-11]
16 Defendants. Date: October 4, 2021
Time: 9:00 a.m.
17
Judge: Hon. Wilfred J. Schneider
Location: Department S32
18
San Bernardino Superior Court
19
247 West Third Street
San Bernardino, CA 92415-0201
20
Unlimited Civil Case
21
Complaint Filed: 10/05/201 8
22
FAC Filed: 3/4/2019
SAC Filed: 5/22/2019
23
Assigned for all purposes to the Honorable
24 Wilfred J. Schneider
25
26
27
28
- 1 _
DECLARATION OF ROSS H. HYSLOP iso OPPO. TO PET. TO COMPEL ARB.
I, Ross H. Hyslop, declare:
1. I am an attorney licensed t0 practice law in this state and before this Court. I am a
#UJN
partner with Pestotnik LLP, counsel of record for Plaintiff in this
action. Iknow the matters stated
herein of my own personal knowledge and if called upon to testify, would competently testify as
set forth herein.
“ONLII
2. I make this declaration in support of Plaintiff Lisa Hill’s opposition to Defendant
Quaid Harley-Davidson, Inc.’s (“QHD”) petition to compel arbitration.
QHD Has Falselv Claimed That It Made a Demand for Arbitration for the Claims of
Absent Class Members. and Has Also Falselv Claimed That Plaintiff Hill Refused
10 3. QHD’s petition to compel arbitration was supported in part by the declaration of
11 QHD’s counsel, Dana Cohn, who states as follows in 1W 3 and 5:
12 a. 11
3: “Over the next few months, I attempted t0 meet and confer with Plaintiff‘s
13 counsel regarding Plaintiff amending the class definition, or stipulating
t0
14 arbitration for those class members who signed Arbitration Agreements.
15 These efforts were unsuccessful.” (Emphasis added.)
16 b. 1T 5: “On or about August 24, 2021, I contacted Plaintiff’s counsel again to
17 request Plaintiff amend the class definition, or stipulate to arbitration
for
18 those class members who signed Arbitration Agreements. These efforts
19 were again unsuccessful. Attached hereto as Exhibit K is a true and correct
20 copy of electronic correspondence between myself and Plaintiff‘s counsel
21 summarizing this exchange.” (Emphasis added.)
22 Contrary to Ms. Cohn’s declaration, at no time has
4.
QHD or its counsel ever asked
23 me whether I would “stipulate to arbitration for those class members who signed Arbitration
24 Agreements.” Rather, as referenced K to Ms. Cohn’s declaration,
in Exhibit QHD was “asking
25 again” on August 18, 2021 — two and a half months after the Court’s class certification order was
26 entered on June 1, 2021 — if Plaintiff would be “willing to amend the class definition and/or to
27 otherwise exclude those class members who signed arbitration agreements when they
28 purchased their motorcycles.” (Emphasis added.) Given that the Court had already
rejected
- 2 _
DECLARATION 0F ROSS H. HYSLOP iso OPPO. TO PET. T0 COMPEL ARB.
Document Filed Date
September 22, 2021
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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ER; I CCU ON . L PESTOTNIK LLP SANAgEfiOFOSf’fri :0 Ross H. Hyslop (149358) 501 w. Broadway, Suite 1025 “‘MéDjX/BER‘RIAL/FOR 35p OolsrfifIA/A’“ San Diego, California 92101 23 ‘ CT 13-, . 202 Tel; 619.237.3000 Fax: 619.342.8020 2W "Wé‘flak‘r k l M “M W , ‘ “I Attorneysfor PlaintiflLISA HILL, 0n behalfofherselfi the proposed class, all others similarly 83.1% situated, and 0n ' t behalfofthe generalpublic (7f; OOVQ THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO \0 10 LISA HILL, an individual, on behalf of herself, Case No. CIV D81826573 the proposed class(es), all others similarly 11 situated, and on behalf of the general public, CLASS ACTION 12 Plaintiff, DECLARATION OF ROSS H. HYSLOP IN SUPPORT OF PLAINTIFF LISA 13 V. HILL’S OPPOSITION TO PETITION TO COMPEL ARBITRATION OF 14 QUAID HARLEY-DAVIDSON, INC., a DEFENDANT QUAID HARLEY- Califqmia corporation; and DOES through 1 10, DAVIDSON, INC. 15 ”‘0‘”st [VOLUME 2 — EXHIBITS 6-11] 16 Defendants. Date: October 4, 2021 Time: 9:00 a.m. 17 Judge: Hon. Wilfred J. Schneider Location: Department S32 18 San Bernardino Superior Court 19 247 West Third Street San Bernardino, CA 92415-0201 20 Unlimited Civil Case 21 Complaint Filed: 10/05/201 8 22 FAC Filed: 3/4/2019 SAC Filed: 5/22/2019 23 Assigned for all purposes to the Honorable 24 Wilfred J. Schneider 25 26 27 28 - 1 _ DECLARATION OF ROSS H. HYSLOP iso OPPO. TO PET. TO COMPEL ARB. I, Ross H. Hyslop, declare: 1. I am an attorney licensed t0 practice law in this state and before this Court. I am a #UJN partner with Pestotnik LLP, counsel of record for Plaintiff in this action. Iknow the matters stated herein of my own personal knowledge and if called upon to testify, would competently testify as set forth herein. “ONLII 2. I make this declaration in support of Plaintiff Lisa Hill’s opposition to Defendant Quaid Harley-Davidson, Inc.’s (“QHD”) petition to compel arbitration. QHD Has Falselv Claimed That It Made a Demand for Arbitration for the Claims of Absent Class Members. and Has Also Falselv Claimed That Plaintiff Hill Refused 10 3. QHD’s petition to compel arbitration was supported in part by the declaration of 11 QHD’s counsel, Dana Cohn, who states as follows in 1W 3 and 5: 12 a. 11 3: “Over the next few months, I attempted t0 meet and confer with Plaintiff‘s 13 counsel regarding Plaintiff amending the class definition, or stipulating t0 14 arbitration for those class members who signed Arbitration Agreements. 15 These efforts were unsuccessful.” (Emphasis added.) 16 b. 1T 5: “On or about August 24, 2021, I contacted Plaintiff’s counsel again to 17 request Plaintiff amend the class definition, or stipulate to arbitration for 18 those class members who signed Arbitration Agreements. These efforts 19 were again unsuccessful. Attached hereto as Exhibit K is a true and correct 20 copy of electronic correspondence between myself and Plaintiff‘s counsel 21 summarizing this exchange.” (Emphasis added.) 22 Contrary to Ms. Cohn’s declaration, at no time has 4. QHD or its counsel ever asked 23 me whether I would “stipulate to arbitration for those class members who signed Arbitration 24 Agreements.” Rather, as referenced K to Ms. Cohn’s declaration, in Exhibit QHD was “asking 25 again” on August 18, 2021 — two and a half months after the Court’s class certification order was 26 entered on June 1, 2021 — if Plaintiff would be “willing to amend the class definition and/or to 27 otherwise exclude those class members who signed arbitration agreements when they 28 purchased their motorcycles.” (Emphasis added.) Given that the Court had already rejected - 2 _ DECLARATION 0F ROSS H. HYSLOP iso OPPO. TO PET. T0 COMPEL ARB.