On October 05, 2018 a
Answer
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
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Gregory K Saho Esq Bar No 169760
Jill L Johnson Bar No 198981
CHAPMAIV GLUCKSMAN DEAN ROE BARGER
2 A PROFESSIONAL CORPORATION
11900 WEST OLYMPIC BOULEVARD SUITE 800
3 LOS ANGELES CALIFORNIA 90064 0704 F I L F LFFOR dIA
1 40
310 207 7722 FAX 310 207 6550 ry F
C n rJ tc npJ
4 qr p f r I
r
Attorneys for Defendant QUAID HARLEY T r
5 DAVIDSON INC
6
r
7
SUPERIOR COLTRT OF THE STATF JF CAi TFORNiA
FOR THE COUNTY OF SAN B RNARDINO
9
0
LISA HILL an individual on behalf of Case No CIVDS 1826573
herself the proposed c ass es all others
similarly situated and n behalf of the Complaint Filed October 5 2018
2 general public
Assigned for All Purposes to
3 Plaintiff Hon Wilfred Schneider
Dept S32
14
QUAID HARLEY DAVIDSON INC S
5 ANSWER TO PLAINTIFF S SECO JD
QUAID HARLEY DAVIDSON INC a AMENDED COMPLAINT
6 California Corporation and DOES 1 through
10 inclusive
7
Defcndant
9 TO ALL INT RESTED PARTIES AND THEIR ATTORNEYS OF RE ORD
0 HEREIN
r
Defendant QU ID HARLE AVIDSON INC Defendant hereby
Answering
2 answers pleads and o herwise responds to the claims in the unverified operative Co Flplaint
3 Complaint of Plainti ff LIS HILL an individual Plai tiff as follows
4 I
5 GENERAL ENIAL AND ANSWER TO PLAINTIFF S COMPLAINT
6 1 Pursuant to California Code ofCivil Procedure C CP 431 30 d De ndant
7 denies generally and specifically each evF ry and all of the llegations set forth in the Con plaint
and in each of the purported causes of action set forth therein
3797 878 1
QUAID HARLEY DAVIDSON INC S ANSWER TO PI AINTIFF S SECOND AMENDED COMPLAINT
2 Defendant further denies generally and specifically that Plaintiff has sustG ined or
2 or is entitled ta recover any damages in the sum alleged or in a y other
will sustain
any damag
3 sum or sums or at all or is entitled to any form of relief v hether legal ar equitable whatsoever
4 from or against the Defendant by reason of any act or omission on the part of Defendant or by any
5 of its agents or employc s
6 II
7 DEFENDANT S AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
9 Failure to State a Cause of Action
10 3 As a separate distinct and first affirmative defense Defendant states and alleges
11 that the Complaint and each of the purported causes of action set forth therein individually and
2 collectively fail to facts sufficient to constitute any legally cognizable cause of action against
13 the answering Defendan
14 SECOND AFFIRMATIVE DEFENSE
15 Statute of Limitations
16 4 As a sep rate distinct and second affirmative defense Defendant states and lleges
17 that the Complaint and each of the purported causes of action set forth therein individually and
i8 collectively are barred y the a plicable statute of limitations including but not limited tc C C P
19
337 338 339 340 et seq Labor Code 203 et seq and Business and Professions Code 17200
20 et seq
2 THIRD AFFIRMATIVE DEFENSE
2 Laches
23 5 As a separate distinct and third affirmative defense Defendant states and lleges
24 that the Complaint and each of the purported causes of action therein are barred by the octrine
25 of laches in that Plaintiff unjustifiably delayed in commencing and or prosecuting this ac ion to
26 the detriment of Defendant
27
28
a7szg a 2
QUAID HARLEY DAViDSCN INC S ANSWER TO PLAINTTFF 5 SECOND AMENDED COMPLAINT
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Document Filed Date
June 21, 2019
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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i I r r Gregory K Saho Esq Bar No 169760 Jill L Johnson Bar No 198981 CHAPMAIV GLUCKSMAN DEAN ROE BARGER 2 A PROFESSIONAL CORPORATION 11900 WEST OLYMPIC BOULEVARD SUITE 800 3 LOS ANGELES CALIFORNIA 90064 0704 F I L F LFFOR dIA 1 40 310 207 7722 FAX 310 207 6550 ry F C n rJ tc npJ 4 qr p f r I r Attorneys for Defendant QUAID HARLEY T r 5 DAVIDSON INC 6 r 7 SUPERIOR COLTRT OF THE STATF JF CAi TFORNiA FOR THE COUNTY OF SAN B RNARDINO 9 0 LISA HILL an individual on behalf of Case No CIVDS 1826573 herself the proposed c ass es all others similarly situated and n behalf of the Complaint Filed October 5 2018 2 general public Assigned for All Purposes to 3 Plaintiff Hon Wilfred Schneider Dept S32 14 QUAID HARLEY DAVIDSON INC S 5 ANSWER TO PLAINTIFF S SECO JD QUAID HARLEY DAVIDSON INC a AMENDED COMPLAINT 6 California Corporation and DOES 1 through 10 inclusive 7 Defcndant 9 TO ALL INT RESTED PARTIES AND THEIR ATTORNEYS OF RE ORD 0 HEREIN r Defendant QU ID HARLE AVIDSON INC Defendant hereby Answering 2 answers pleads and o herwise responds to the claims in the unverified operative Co Flplaint 3 Complaint of Plainti ff LIS HILL an individual Plai tiff as follows 4 I 5 GENERAL ENIAL AND ANSWER TO PLAINTIFF S COMPLAINT 6 1 Pursuant to California Code ofCivil Procedure C CP 431 30 d De ndant 7 denies generally and specifically each evF ry and all of the llegations set forth in the Con plaint and in each of the purported causes of action set forth therein 3797 878 1 QUAID HARLEY DAVIDSON INC S ANSWER TO PI AINTIFF S SECOND AMENDED COMPLAINT 2 Defendant further denies generally and specifically that Plaintiff has sustG ined or 2 or is entitled ta recover any damages in the sum alleged or in a y other will sustain any damag 3 sum or sums or at all or is entitled to any form of relief v hether legal ar equitable whatsoever 4 from or against the Defendant by reason of any act or omission on the part of Defendant or by any 5 of its agents or employc s 6 II 7 DEFENDANT S AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE 9 Failure to State a Cause of Action 10 3 As a separate distinct and first affirmative defense Defendant states and alleges 11 that the Complaint and each of the purported causes of action set forth therein individually and 2 collectively fail to facts sufficient to constitute any legally cognizable cause of action against 13 the answering Defendan 14 SECOND AFFIRMATIVE DEFENSE 15 Statute of Limitations 16 4 As a sep rate distinct and second affirmative defense Defendant states and lleges 17 that the Complaint and each of the purported causes of action set forth therein individually and i8 collectively are barred y the a plicable statute of limitations including but not limited tc C C P 19 337 338 339 340 et seq Labor Code 203 et seq and Business and Professions Code 17200 20 et seq 2 THIRD AFFIRMATIVE DEFENSE 2 Laches 23 5 As a separate distinct and third affirmative defense Defendant states and lleges 24 that the Complaint and each of the purported causes of action therein are barred by the octrine 25 of laches in that Plaintiff unjustifiably delayed in commencing and or prosecuting this ac ion to 26 the detriment of Defendant 27 28 a7szg a 2 QUAID HARLEY DAViDSCN INC S ANSWER TO PLAINTTFF 5 SECOND AMENDED COMPLAINT r