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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
PESTOTNIK LLP
Ross H. Hyslop (149358) 9/27/2023 1:37 PM
501 W. Broadway, Suite 1025
San Diego, California 92101 By: Brianna Johnson, DEPUTY
Tel: 619.237.3000
Fax: 619.342.8020
Attorneysfor PlaintiffLISA HILL, 0n behalfofherself,
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, 0n behalf 0f herself, Case N0. CIV DS 1 826573
the proposed class(es), all others similarly
11 situated, and 0n behalf 0f the general public, CLASS ACTION
12 Plaintiff, DECLARATION OF ROSS H. HYSLOP
IN SUPPORT OF PLAINTIFF LISA
13 V. HILL’S MOTION FOR SUMMARY
ADJUDICATION
14 QUAID HARLEY-DAVIDSON, INC., a
California corporation; and DOES 1 through 10,
15 inclusive, VOLUME II
Date: December 13, 2023
16 Defendants.
Time: 8:30 a.m.
Judge: Hon. Wilfred J. Schneider
17
Location: Department S32
QUAID HARLEY-DAVIDSON, INC., a
18 California Corporation, San Bernardino Superior Court
247 West Third Street
19
Cross—Complainant, San Bernardino, CA 92415-0201
V.
20
Unlimited Civil Case
21 HARLEY-DAVIDSON MOTOR COMPANY,
Complaint Filed: 10/05/20 1 8
INC., a Wisconsin corporation, and ROES 1
22
FAC Filed: 3/4/2019
through 10, inclusive,
SAC Filed: 5/22/20 1 9
Trial: 1/29/2024
23 Cross—Defendants.
Assigned for all purposes t0 the Honorable
24
Wilfred J. Schneider
25
I, Ross H. Hyslop, declare:
26
1. I am an attorney licensed t0 practice law in this state and before this Court. I am a
27
partner with Pestotnik LLP, counsel of record for Plaintiff in this action. Iknow the matters stated
28
-1-
DECLARATION OF ROSS H. HYSLOP, VOL. II, ISO MOTION FOR SUMMARY ADJUDICATION
herein of my own personal knowledge and if called upon to testify, would competently testify as
set forth herein.
2. Imake this declaration in support 0f Plaintiff Lisa Hill’s motion for summary
adjudication, scheduled for hearing on December 13, 2023.
3. Attached to Plaintiff Lisa Hill’s Notice of Lodgment Conditionally Under Seal In
Support of Motion for Class Certification (hereafter, “NOL”) are true and correct copies of several
documents, as identified in Volume I of my declaration.
4. Attached to this declaration are true and correct copies of the following documents:
Exhibit 22. an October 7, 2015 “Retail Installment Sale Contract” between
10 Roger Fowler as buyer and QHD as seller/creditor, for a new 2015 model FLHTKL
11 Harley-Davison motorcycle, bearing VIN ‘5246, produced by QHD in this litigation, with
12 Bates—stamp DEF 001043-1048 (PMQ Depo. EX. 38);
13 Exhibit 23. an October 8, 2015 “Purchase Invoice” 0f QHD for VIN ‘8846,
14 produced by QHD in this litigation, With Bates—stamp DEF 001071 (PMQ Depo. EX. 41);
15 Exhibit 24. an October 8, 2015 “Certificate 0f Title” for a new 2015 model
16 FLHTKL Harley—Davison motorcycle bearing VIN ‘8846, listing Roger Fowler as the
17 registered owner, produced by QHD in this litigation, With Bates—stamp DEF 000979
18 (PMQ Depo. EX. 40);
19 Exhibit 25. an October 9, 2015 deal jacket for Plaintiff’s purchase 0f a new
20 2015 model FLHTKL Harley-Davison motorcycle bearing VIN ‘8846, indicating it was
21 “previously SWR’d t0 Roger Fowler,” produced by QHD in this litigation, with Bates-
22 stamp DEF 000910;
23 Exhibit 26. an October 21, 2015 “Dealer Profitability Report” 0f QHD for Lisa
24 Hill’s purchase of a new 2015 model FLHTKL Harley—Davison motorcycle, bearing VIN
25 ‘8846, produced by QHD in this litigation, with Bates—stamp DEF 000931 (PMQ Depo.
26 EX. 63);
27 Exhibit 27. excerpts of QHD’s March 1, 2020 responses t0 SROGs, Set 2;
28 Exhibit 28. excerpts of QHD’s March 1, 2020 responses to RFAS, Set 2;
_ 2 _
DECLARATION 0F ROSS H. HYSLOP, VOL. II, ISO MOTION FOR SUMMARY ADJUDICATION
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT PESTOTNIK LLP Ross H. Hyslop (149358) 9/27/2023 1:37 PM 501 W. Broadway, Suite 1025 San Diego, California 92101 By: Brianna Johnson, DEPUTY Tel: 619.237.3000 Fax: 619.342.8020 Attorneysfor PlaintiffLISA HILL, 0n behalfofherself, 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, 0n behalf 0f herself, Case N0. CIV DS 1 826573 the proposed class(es), all others similarly 11 situated, and 0n behalf 0f the general public, CLASS ACTION 12 Plaintiff, DECLARATION OF ROSS H. HYSLOP IN SUPPORT OF PLAINTIFF LISA 13 V. HILL’S MOTION FOR SUMMARY ADJUDICATION 14 QUAID HARLEY-DAVIDSON, INC., a California corporation; and DOES 1 through 10, 15 inclusive, VOLUME II Date: December 13, 2023 16 Defendants. Time: 8:30 a.m. Judge: Hon. Wilfred J. Schneider 17 Location: Department S32 QUAID HARLEY-DAVIDSON, INC., a 18 California Corporation, San Bernardino Superior Court 247 West Third Street 19 Cross—Complainant, San Bernardino, CA 92415-0201 V. 20 Unlimited Civil Case 21 HARLEY-DAVIDSON MOTOR COMPANY, Complaint Filed: 10/05/20 1 8 INC., a Wisconsin corporation, and ROES 1 22 FAC Filed: 3/4/2019 through 10, inclusive, SAC Filed: 5/22/20 1 9 Trial: 1/29/2024 23 Cross—Defendants. Assigned for all purposes t0 the Honorable 24 Wilfred J. Schneider 25 I, Ross H. Hyslop, declare: 26 1. I am an attorney licensed t0 practice law in this state and before this Court. I am a 27 partner with Pestotnik LLP, counsel of record for Plaintiff in this action. Iknow the matters stated 28 -1- DECLARATION OF ROSS H. HYSLOP, VOL. II, ISO MOTION FOR SUMMARY ADJUDICATION herein of my own personal knowledge and if called upon to testify, would competently testify as set forth herein. 2. Imake this declaration in support 0f Plaintiff Lisa Hill’s motion for summary adjudication, scheduled for hearing on December 13, 2023. 3. Attached to Plaintiff Lisa Hill’s Notice of Lodgment Conditionally Under Seal In Support of Motion for Class Certification (hereafter, “NOL”) are true and correct copies of several documents, as identified in Volume I of my declaration. 4. Attached to this declaration are true and correct copies of the following documents: Exhibit 22. an October 7, 2015 “Retail Installment Sale Contract” between 10 Roger Fowler as buyer and QHD as seller/creditor, for a new 2015 model FLHTKL 11 Harley-Davison motorcycle, bearing VIN ‘5246, produced by QHD in this litigation, with 12 Bates—stamp DEF 001043-1048 (PMQ Depo. EX. 38); 13 Exhibit 23. an October 8, 2015 “Purchase Invoice” 0f QHD for VIN ‘8846, 14 produced by QHD in this litigation, With Bates—stamp DEF 001071 (PMQ Depo. EX. 41); 15 Exhibit 24. an October 8, 2015 “Certificate 0f Title” for a new 2015 model 16 FLHTKL Harley—Davison motorcycle bearing VIN ‘8846, listing Roger Fowler as the 17 registered owner, produced by QHD in this litigation, With Bates—stamp DEF 000979 18 (PMQ Depo. EX. 40); 19 Exhibit 25. an October 9, 2015 deal jacket for Plaintiff’s purchase 0f a new 20 2015 model FLHTKL Harley-Davison motorcycle bearing VIN ‘8846, indicating it was 21 “previously SWR’d t0 Roger Fowler,” produced by QHD in this litigation, with Bates- 22 stamp DEF 000910; 23 Exhibit 26. an October 21, 2015 “Dealer Profitability Report” 0f QHD for Lisa 24 Hill’s purchase of a new 2015 model FLHTKL Harley—Davison motorcycle, bearing VIN 25 ‘8846, produced by QHD in this litigation, with Bates—stamp DEF 000931 (PMQ Depo. 26 EX. 63); 27 Exhibit 27. excerpts of QHD’s March 1, 2020 responses t0 SROGs, Set 2; 28 Exhibit 28. excerpts of QHD’s March 1, 2020 responses to RFAS, Set 2; _ 2 _ DECLARATION 0F ROSS H. HYSLOP, VOL. II, ISO MOTION FOR SUMMARY ADJUDICATION