Preview
SCALI RASMUSSEN, PC
Christian J. Scali, Esq. (SBN 193785) ELECTRONICALLY FILED
cscali@scalilaw.com SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
Julie S. Pearson, Esq. (SBN 183043) SAN BERNARDINO DISTRICT
jpearson@scalilaw.com
300 South Grand Ave., Suite 2750 10/4/2023 6:18 PM
Los Angeles, CA 90071 By: Gloria Marin, DEPUTY
Telephone: 213.239.5622
Facsimile: 213.239.5623
Attorneys for Defendant and Cross-Complainant
QUAID HARLEY-DAVIDSON, INC.
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
LISA HILL, Case N0. CIVD81826573
Plaintiff, CLASS ACTION
””U§§§fl
“I
vs. Judge: Hon. Wilfred J. Schneider, Jr.
I'J
Dept: S32
—
QUAID HARLEY-DAVIDSON, INC., a
O3 California corporation, and DOES 1 through DECLARATION OF JULIE S. PEARSON IN
.t
10, inclusive, SUPPORT OF CROSS-COMPLAINANT
QUAID HARLEY-DAVIDSON, INC.’S
3'- Defendants. OPPOSITION TO HARLEY-DAVIDSON
MOTOR COMPANY, INC.’S MOTION FOR
‘-
ocahgg
PROTECTIVE ORDER (VOL. 1)
QUAID HARLEY-DAVIDSON, INC., a
O California corporation, and DOES 1 through 10, [Filed Concurrently herewith Cross-
inclusive, Complainant’s Oppositionfor Motionfor
Protective Orderand Declaration ofJayme
Cross-Complainant, Davis; and Requestfor Judicial Notice In
Support ofCross-Complainant’s Opposition]
vs.
DATE: October 17, 2023
HARLEY-DAVIDSON MOTOR COMPANY, TIME: 8:30 a.m.
INC, a Wisconsin corporation, and DOES 1 DEPT.: S32
through 10, inclusive,
Complaint Filed: October 5, 201 8
Cross-Defendant. FAC Filed: March 4, 2019
SAC Filed: May 22, 2019
X—Complaint Filed: May 28, 2021
_ 1 _
DECLARATION 0F JULIE s. PEARSON
003 14743.1
DECLARATION 0F JULIE S. PEARSON
I, Julie S. Pearson, declare as follows:
1. I am an attorney duly licensed to practice law in the State of California and a Principal
at Scali Rasmussen, PC, counsel ofrecord for Defendant and Cross—Complainant QUAID HARLEY-
DAVIDSON, INC., (“Quaid”) in the above-captioned action. I submit this Declaration in support 0f
Quaid’s Opposition to Cross-Defendant Harley- Davidson Motor Company, Inc.’s Motion for
Protective Order. Ihave personal knowledge of the facts set forth below and if called upon t0 do so,
could competently testify to them.
2. As alleged in the Second Amended Cross—complaint, Quaid has been a franchisee
dealer selling Harley-Davidson motorcycles for HDMC for over 25 years. A true and correct copy
of Quaid’s Second Amended Cross—compliant is attached hereto and incorporated by reference, as
Exhibit 1.
””U§§§fl
“I
3. Plaintiff Lisa Hill’s initial Complaint was filed October 5, 2018, alleging claims
I'J
—
Which arose from her purchase 0f a motorcycle from Quaid in 2015 under a MPA With Quaid, and a
O3 .t
PN with ESB.
3'- 4. On December 13, 2018, Plaintiff Lisa Hill filed her First Amended Complaint
‘-
ocahgg
(“FAC”) transforming her claim into a class action.
O 5. On May 22, 2019, Plaintiff filed her Second Amended Complaint (“SAC”) to allege
her performance of the statutorily required demand pursuant to the CLRA. Plaintiff s SAC alleges
class causes of action for Negligence, False Advertising, Violation of CLRA, Negligent
Misrepresentation, Fraud and Deceit, Unjust Enrichment and Unfair Competition. “The SAC alleged
at paragraph 57 that Quaid charged an unknown number of customers an ‘extra’ dealer preparation
charge and implied MSRP is the advertised price and that Quaid was illegally selling these vehicles
at a price higher than the advertised price due to the ‘extra’ ‘dealer preparation’ charge and made
‘false or misleading statements’ about ‘price reductions’ .” The SAC also claimed at various locations
including for example, fl 24(6), 24(f), 28(f), 28(g), 34(i), 34(j), 49(iii), 83(a), 83(b)), that Quaid
violated 13 CCR §262.03 by failing to disclose and itemize “Dealer Added Charges” for services
performed in excess 0f manufacturer specified and reimbursed delivery and preparation obligations.
_ 2 _
DECLARATION 0F JULIE s. PEARSON
003 14743.1
Preview
SCALI RASMUSSEN, PC Christian J. Scali, Esq. (SBN 193785) ELECTRONICALLY FILED cscali@scalilaw.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO Julie S. Pearson, Esq. (SBN 183043) SAN BERNARDINO DISTRICT jpearson@scalilaw.com 300 South Grand Ave., Suite 2750 10/4/2023 6:18 PM Los Angeles, CA 90071 By: Gloria Marin, DEPUTY Telephone: 213.239.5622 Facsimile: 213.239.5623 Attorneys for Defendant and Cross-Complainant QUAID HARLEY-DAVIDSON, INC. SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SAN BERNARDINO LISA HILL, Case N0. CIVD81826573 Plaintiff, CLASS ACTION ””U§§§fl “I vs. Judge: Hon. Wilfred J. Schneider, Jr. I'J Dept: S32 — QUAID HARLEY-DAVIDSON, INC., a O3 California corporation, and DOES 1 through DECLARATION OF JULIE S. PEARSON IN .t 10, inclusive, SUPPORT OF CROSS-COMPLAINANT QUAID HARLEY-DAVIDSON, INC.’S 3'- Defendants. OPPOSITION TO HARLEY-DAVIDSON MOTOR COMPANY, INC.’S MOTION FOR ‘- ocahgg PROTECTIVE ORDER (VOL. 1) QUAID HARLEY-DAVIDSON, INC., a O California corporation, and DOES 1 through 10, [Filed Concurrently herewith Cross- inclusive, Complainant’s Oppositionfor Motionfor Protective Orderand Declaration ofJayme Cross-Complainant, Davis; and Requestfor Judicial Notice In Support ofCross-Complainant’s Opposition] vs. DATE: October 17, 2023 HARLEY-DAVIDSON MOTOR COMPANY, TIME: 8:30 a.m. INC, a Wisconsin corporation, and DOES 1 DEPT.: S32 through 10, inclusive, Complaint Filed: October 5, 201 8 Cross-Defendant. FAC Filed: March 4, 2019 SAC Filed: May 22, 2019 X—Complaint Filed: May 28, 2021 _ 1 _ DECLARATION 0F JULIE s. PEARSON 003 14743.1 DECLARATION 0F JULIE S. PEARSON I, Julie S. Pearson, declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and a Principal at Scali Rasmussen, PC, counsel ofrecord for Defendant and Cross—Complainant QUAID HARLEY- DAVIDSON, INC., (“Quaid”) in the above-captioned action. I submit this Declaration in support 0f Quaid’s Opposition to Cross-Defendant Harley- Davidson Motor Company, Inc.’s Motion for Protective Order. Ihave personal knowledge of the facts set forth below and if called upon t0 do so, could competently testify to them. 2. As alleged in the Second Amended Cross—complaint, Quaid has been a franchisee dealer selling Harley-Davidson motorcycles for HDMC for over 25 years. A true and correct copy of Quaid’s Second Amended Cross—compliant is attached hereto and incorporated by reference, as Exhibit 1. ””U§§§fl “I 3. Plaintiff Lisa Hill’s initial Complaint was filed October 5, 2018, alleging claims I'J — Which arose from her purchase 0f a motorcycle from Quaid in 2015 under a MPA With Quaid, and a O3 .t PN with ESB. 3'- 4. On December 13, 2018, Plaintiff Lisa Hill filed her First Amended Complaint ‘- ocahgg (“FAC”) transforming her claim into a class action. O 5. On May 22, 2019, Plaintiff filed her Second Amended Complaint (“SAC”) to allege her performance of the statutorily required demand pursuant to the CLRA. Plaintiff s SAC alleges class causes of action for Negligence, False Advertising, Violation of CLRA, Negligent Misrepresentation, Fraud and Deceit, Unjust Enrichment and Unfair Competition. “The SAC alleged at paragraph 57 that Quaid charged an unknown number of customers an ‘extra’ dealer preparation charge and implied MSRP is the advertised price and that Quaid was illegally selling these vehicles at a price higher than the advertised price due to the ‘extra’ ‘dealer preparation’ charge and made ‘false or misleading statements’ about ‘price reductions’ .” The SAC also claimed at various locations including for example, fl 24(6), 24(f), 28(f), 28(g), 34(i), 34(j), 49(iii), 83(a), 83(b)), that Quaid violated 13 CCR §262.03 by failing to disclose and itemize “Dealer Added Charges” for services performed in excess 0f manufacturer specified and reimbursed delivery and preparation obligations. _ 2 _ DECLARATION 0F JULIE s. PEARSON 003 14743.1