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SCALI RASMUSSEN, PC
F LE
I
Halbert B. Rasmussen, Esq. (SBN 108566) SUPERIOR COURT 0F CALIFORmA
hrasmussen@scalilaw.c0m csogygégthSAN BERNARD'NO
Dana R. Cohn, Esq. (SBN 302974) RD'NO D‘STR'CT
DCohn@scalilaw.com
800 Wilshire Boulevard. Suite 400
JUL 2 9 2021
Los Angeles, CA 900] 7
Telephone: 213.239.5622
Facsimile: 213.239.5623
BY §—-
SAMANTHA NEUBAUER, DEPUI'Y
Attorneys for Defendant/Cross-Complainant
QUAID HARLEY-DAVIDSON. INC.
‘
SUPERIOR COURT OF THE STATE OF CALIFORNIA '
COUNTY OF SAN BERNARDINO
10
11 LISA HILL, Case No. CIVDS] 826573
CLERVE
12 Plaintiff, Judge: Hon. Wilfred Schneider
ka
Dept: $32
05 13 vs.
aSmUS§én
DEFENDANT/CROSS-COMPLAINANT
‘Aflffisfi
14 QUAID HARLEY-DAVIDSON, INC, a QUAID HARLEY-DAVIDSON, INC.’S
ifs. California Corporation. and DOES through l AMENDED CROSS-COMPLAINT
w- 15 IO, inclusive. AGAINST CROSS-DEFENDANT HARLEY-
DAVIDSON MOTOR COMPANY, INC.
16 Defendants.
Wm
Scali Complaint Filed: October 5, 201 8
MW
17 FAC Filed: March 4, 2019
QUAID HARLEY-DAVIDSON, INC, a SAC Filed: May 22. 2019
18 California Corporation, Cross-Complaint Filed: May 28, 2021
19 Cross-Complainant. 1. CONTRIBUTION -— COMPARATIVE
NEGLIGENCE
20 vs. 2. EQUITABLE INDEMNITY
3. EXPRESS INDEMNITY
21 HARLEY-DAVIDSON MOTOR COMPANY, 4. VIOLATION 0F VEHICLE CODE §
INC, a Wisconsin corporation, and ROES 1 11713.13 / 11726
22 through 10, inclusive‘ VIOLATION OF VEHICLE CODE §
39‘5"
24014 (pre-2019)
23 Cross-Defendants. BREACH OF FIDUCIARY DUTY
DECLARATORY RELIEF
24
25
26 Defendant and Cross-Complainant QUAID HARLEY-DAVIDSON. INC. (“QHD”) hereby
27 amends its complaint and alleges against Cross-Defendant HARLEY-DAVIDSON MOTOR
28 COMPANY, INC. (“HDMC”) as follows:
- 1
-
DEFENDANTFCROSS-COMPLAINANT QUAID HARLEY—DAVIDSON. INC.‘S AMENDED CROSS-
COMPLAINT AGAINST CROSS-DEFENDANT HARLEY-DAVIDSON MOTOR COMPANY, INC.
0024 5030.3
PARTIES
1. At all times relevant hereto, QHD is a Califomia corporation doing business in the
County of San Bernardino, State ofCalifornia.
2. At all times relevant hereto, HDMC is a motorcycle manufacturer, a Wisconsin
corporation distributing in California.
3. QHD is ignorant ofthe true names and capacities ofthe remaining Cross-Defendants
r
‘1'
sued herein as D065 thgough 10, (“Roe Crbss-Défendantésr).andt'lth'ei'efore. sues thle‘sé CroSs-
Defendants by their fictitious names. QHD will amend its Cross-Complaint t0 allege the true names
and capacities once they have been ascertained. QHD is informed and believes, and on that basis
alleges, that each Cross-Defendant designated as a Roe Cross—Defendant, is responsible in some
mime
manner, negligently, contractually, 0r otherwise, for the events and happenings referred t0 herein,
TH,
0r and proximately caused the damages and injuries t0 QHD as herein alleged. QHD is informed and
“HEM:
believes, and based upon such iriformation and beliefalleges, that Cross-Defendants, were and now are
Sca‘liRfimU'sSen
f, either duly authorized t0 do and/or are doing business in. 0r were a resident 0f, the State ofCalifomia.
4. QHD is informed and believes, and based upon such information and beliefalleges, that
at all times herein mentioned, Cross-Defendants, and each of them was the agent, servant and/or
employee 0f their Co-Cross-Defendants and, in doing the things herein described, were acting in the
course and scope of such agency and/or employment, and with the permission and consent of each 0f
their Co-Cross-Defendants.
GENERAL ALLEGATIONS
5. QHD is a small Harley-Davidson motorcycle dealership that has distributed HDMC—
manufactured motorcycles since the business was founded approximately 25 years ago. At all
relevant times, QHD has operated and is currently operating as a motor vehicle dealer franchisee 0f
HDMC, which operates as a franchisor, as defined under the California Vehicle Code.
6. At all relevant times, HDMC has provided and is currently providing detailed
systems, procedures. and methods. including those in the form 0f policies. templates. forms, and
other materials t0 its franchisee dealers, respecting the dealer’s wholesale purchase ofmotorcycles,
_ 2 _
DEFENDANT/CROSS-COMPLAINANT QUAID HARLEY-DAVIDSON. INC'S AMENDED CROSS-
COMPLAINT AGAINST CROSS—DEFENDANT HARLEY-DAVIDSON MOTOR COMPANY, INC.
(’03150303
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SCALI RASMUSSEN, PC F LE I Halbert B. Rasmussen, Esq. (SBN 108566) SUPERIOR COURT 0F CALIFORmA hrasmussen@scalilaw.c0m csogygégthSAN BERNARD'NO Dana R. Cohn, Esq. (SBN 302974) RD'NO D‘STR'CT DCohn@scalilaw.com 800 Wilshire Boulevard. Suite 400 JUL 2 9 2021 Los Angeles, CA 900] 7 Telephone: 213.239.5622 Facsimile: 213.239.5623 BY §—- SAMANTHA NEUBAUER, DEPUI'Y Attorneys for Defendant/Cross-Complainant QUAID HARLEY-DAVIDSON. INC. ‘ SUPERIOR COURT OF THE STATE OF CALIFORNIA ' COUNTY OF SAN BERNARDINO 10 11 LISA HILL, Case No. CIVDS] 826573 CLERVE 12 Plaintiff, Judge: Hon. Wilfred Schneider ka Dept: $32 05 13 vs. aSmUS§én DEFENDANT/CROSS-COMPLAINANT ‘Aflffisfi 14 QUAID HARLEY-DAVIDSON, INC, a QUAID HARLEY-DAVIDSON, INC.’S ifs. California Corporation. and DOES through l AMENDED CROSS-COMPLAINT w- 15 IO, inclusive. AGAINST CROSS-DEFENDANT HARLEY- DAVIDSON MOTOR COMPANY, INC. 16 Defendants. Wm Scali Complaint Filed: October 5, 201 8 MW 17 FAC Filed: March 4, 2019 QUAID HARLEY-DAVIDSON, INC, a SAC Filed: May 22. 2019 18 California Corporation, Cross-Complaint Filed: May 28, 2021 19 Cross-Complainant. 1. CONTRIBUTION -— COMPARATIVE NEGLIGENCE 20 vs. 2. EQUITABLE INDEMNITY 3. EXPRESS INDEMNITY 21 HARLEY-DAVIDSON MOTOR COMPANY, 4. VIOLATION 0F VEHICLE CODE § INC, a Wisconsin corporation, and ROES 1 11713.13 / 11726 22 through 10, inclusive‘ VIOLATION OF VEHICLE CODE § 39‘5" 24014 (pre-2019) 23 Cross-Defendants. BREACH OF FIDUCIARY DUTY DECLARATORY RELIEF 24 25 26 Defendant and Cross-Complainant QUAID HARLEY-DAVIDSON. INC. (“QHD”) hereby 27 amends its complaint and alleges against Cross-Defendant HARLEY-DAVIDSON MOTOR 28 COMPANY, INC. (“HDMC”) as follows: - 1 - DEFENDANTFCROSS-COMPLAINANT QUAID HARLEY—DAVIDSON. INC.‘S AMENDED CROSS- COMPLAINT AGAINST CROSS-DEFENDANT HARLEY-DAVIDSON MOTOR COMPANY, INC. 0024 5030.3 PARTIES 1. At all times relevant hereto, QHD is a Califomia corporation doing business in the County of San Bernardino, State ofCalifornia. 2. At all times relevant hereto, HDMC is a motorcycle manufacturer, a Wisconsin corporation distributing in California. 3. QHD is ignorant ofthe true names and capacities ofthe remaining Cross-Defendants r ‘1' sued herein as D065 thgough 10, (“Roe Crbss-Défendantésr).andt'lth'ei'efore. sues thle‘sé CroSs- Defendants by their fictitious names. QHD will amend its Cross-Complaint t0 allege the true names and capacities once they have been ascertained. QHD is informed and believes, and on that basis alleges, that each Cross-Defendant designated as a Roe Cross—Defendant, is responsible in some mime manner, negligently, contractually, 0r otherwise, for the events and happenings referred t0 herein, TH, 0r and proximately caused the damages and injuries t0 QHD as herein alleged. QHD is informed and “HEM: believes, and based upon such iriformation and beliefalleges, that Cross-Defendants, were and now are Sca‘liRfimU'sSen f, either duly authorized t0 do and/or are doing business in. 0r were a resident 0f, the State ofCalifomia. 4. QHD is informed and believes, and based upon such information and beliefalleges, that at all times herein mentioned, Cross-Defendants, and each of them was the agent, servant and/or employee 0f their Co-Cross-Defendants and, in doing the things herein described, were acting in the course and scope of such agency and/or employment, and with the permission and consent of each 0f their Co-Cross-Defendants. GENERAL ALLEGATIONS 5. QHD is a small Harley-Davidson motorcycle dealership that has distributed HDMC— manufactured motorcycles since the business was founded approximately 25 years ago. At all relevant times, QHD has operated and is currently operating as a motor vehicle dealer franchisee 0f HDMC, which operates as a franchisor, as defined under the California Vehicle Code. 6. At all relevant times, HDMC has provided and is currently providing detailed systems, procedures. and methods. including those in the form 0f policies. templates. forms, and other materials t0 its franchisee dealers, respecting the dealer’s wholesale purchase ofmotorcycles, _ 2 _ DEFENDANT/CROSS-COMPLAINANT QUAID HARLEY-DAVIDSON. INC'S AMENDED CROSS- COMPLAINT AGAINST CROSS—DEFENDANT HARLEY-DAVIDSON MOTOR COMPANY, INC. (’03150303