On October 05, 2018 a
Hearing
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.
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Grcgo y K Sabo Esq Bar No 1b9760
Jill L Jolinson Bar No 198981 F
p R Q
CHAPMAN GLUGKSMAN DEAN RQEB RT flFCAI iFQFtNIq
C4UNiY CtF SAN B RNARf3lNt
A FROFESSIONAL CORPORATION SAN BERIVARDINp DISTRICT
11940 WEST 4LYMPIC BOULEVARD SUITE 804
LOS ANGELES CALIFORNIA 90064 0 704 FE Z Z
310 207 7722 FAX 310 207 6550
Attorneys for Defendant QU ID HARLEY gy
DAVIDSON INC
GREG TREIHARfi DEPUTY
6
7
SUPERI4R C4URT OF THE STATE CIF CALIFORNIA
FC1R TFIE COUIVTY OF SAI BEI2NARDINC
10
LISA HILL an individual on behalf of Case No CIVDS 1 265 73
herself the prapc sed class es alI others
situated and an behalf of the Cornplaint I iled Octaber S 201
similarly
eneral public FAC Filed Marck 4 2014
SAC Filed May 22 2019
Plaintiff
Assigned for AIl Purposes to
14
Hon Wilfred Schneider
Dept S32
15
QUAID HARLEY DAVIDSON ING a
DEFENDANT QUAID HARLEY
California CorpQratian and DC ES 1 thraugh
DAVIDSdN INC S OPPUSITIt N TO
10 inclusive PLAINTZFF LISA HILL S MOTION TO
OMPEL FURT IER RESPONSES TO
Defendant
SECOND SET OF REQUESTS FOR
PRtJ I UCTION OF D4CUMENTS NO5
3G AND 37 DECLARATION t3F JILI L
JOHNSUN ESQ
2Q
Date 1WIarch 3 2024
21
Time 8t30 a m
Dept S32
2
z a
T4 ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD
2
Defendant QUAID HARLEY DAVIDSC N QUAID hereby respectfutly submits the
2
fol owing Opposition to plaintiff s Mation to Compel Further Discovery Responses to Second Set
of Request far Productian of Documents Nuznbers 36 and 37 as follows
28
9797 838
DEBGN AN T QUA1v FIARLEY DAVIDSON t3VC S t7P 4Si I N TO PLAINTtFF LISA Hlt t S MC TIOiV TC C4Mt rL
t4ENTS N4S 3G ANll 3 7
FURTi GR RGSP IYSE51 dSECOIVD SET OF REQUESTS F OR PttODtIC I IQN OF DOCU
1 MEMORA NDUM OF POINTS AND AUTH4RITIES
2 I INTRODUCTION
3 Plaintiff Hill Plaintiff ed her Second Amended Complaint FAC against
4 Defendant 21 2019 The SAC has nine
Defendant Quaid Harley Davidson on ar about
May
5 causes of actian 1 Negligence 2 False Advertising 3 Violations of t e Consumer Legal
6 Remedies Act 4 Breach of Express Warranty 5 Breach af Implied Warranty 6 Negligent
7 Misrepresentation 7 Fraud Deceit 8 Unjust Enrichment and 9 Unfair Competition
8 II PLAINTIFF S FACTUAL ALLEGATIONS
9 As to the Individual Claims
10 On or about October 9 20I 5 Plaintiff purchased a Harley Davidsan matorcycle from uaid
11 for atolal purchase price of 27 b38 54 SAC 18 The motorcycle was z epresented advertised
12 and sold to Plaintiff as new as reflected on her purchase paperwork SAC 18 The plaintiff
13 alleges these representatians and advertisements were false because the motorcycle had been the
14 subject nf a retail sale and or registered witli the DMV SAC 19 The plaintiff contends and
15 alleges that the inotoicycle was therefore used SAC 20 However the Plaintiff knaws what
16 1lappened with the motorcycle in question it was accidenta ly registered to a Roger Ft wler when
17 he purchased an identical znatorcycle with an almost identical VIN vehicle identification nutrzber
18 before Plaintiff s purchase SAC 21 a 21 e The Plaii tiff alleges the problern had been created
19 by Defendants sale of a motorcycle Plaintiff s that had previously been registered ta one Roger
2Q Fowler SAC 21c
21 Again as siated in the allegatians Plaintiff knows that the matorcycle was nQt the subject
af a retail sale but that its VIN was accidentally registered to the purchaser af an identical
23 motarcycle with a similar VIN Tl is mistaken registration was simply the in the Plaintiffs
4 caunsel needed to get to Quaid on what it hoped where other regulatory violations that would lead
2 to class allegations
2g As to the Class Allegations
Included in the sale of Plaintif s motorcycle and nt ted on the purchase agreement was a
28
Note Plaintiffs motorcycle never left the lat prior to the sate to Plaintiff
747 836 Z
DEI ENDAIY i QUAID HARLEY DAVIDSON INC1S t7PPOSII ION T O PLAtI TIFF LISA HIL S i41i7TION TO C4MPEL
AND 3 T
FURTHCR RIsSPOlVSGS TO SECOND SL I OF REQUE5TS FOR PRODUC7 tON UP BOCLiMEiVTS NOS 36
Document Filed Date
February 19, 2020
Case Filing Date
October 05, 2018
Category
Business Tort/Unfair Business Practice Unlimited
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Grcgo y K Sabo Esq Bar No 1b9760 Jill L Jolinson Bar No 198981 F p R Q CHAPMAN GLUGKSMAN DEAN RQEB RT flFCAI iFQFtNIq C4UNiY CtF SAN B RNARf3lNt A FROFESSIONAL CORPORATION SAN BERIVARDINp DISTRICT 11940 WEST 4LYMPIC BOULEVARD SUITE 804 LOS ANGELES CALIFORNIA 90064 0 704 FE Z Z 310 207 7722 FAX 310 207 6550 Attorneys for Defendant QU ID HARLEY gy DAVIDSON INC GREG TREIHARfi DEPUTY 6 7 SUPERI4R C4URT OF THE STATE CIF CALIFORNIA FC1R TFIE COUIVTY OF SAI BEI2NARDINC 10 LISA HILL an individual on behalf of Case No CIVDS 1 265 73 herself the prapc sed class es alI others situated and an behalf of the Cornplaint I iled Octaber S 201 similarly eneral public FAC Filed Marck 4 2014 SAC Filed May 22 2019 Plaintiff Assigned for AIl Purposes to 14 Hon Wilfred Schneider Dept S32 15 QUAID HARLEY DAVIDSON ING a DEFENDANT QUAID HARLEY California CorpQratian and DC ES 1 thraugh DAVIDSdN INC S OPPUSITIt N TO 10 inclusive PLAINTZFF LISA HILL S MOTION TO OMPEL FURT IER RESPONSES TO Defendant SECOND SET OF REQUESTS FOR PRtJ I UCTION OF D4CUMENTS NO5 3G AND 37 DECLARATION t3F JILI L JOHNSUN ESQ 2Q Date 1WIarch 3 2024 21 Time 8t30 a m Dept S32 2 z a T4 ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD 2 Defendant QUAID HARLEY DAVIDSC N QUAID hereby respectfutly submits the 2 fol owing Opposition to plaintiff s Mation to Compel Further Discovery Responses to Second Set of Request far Productian of Documents Nuznbers 36 and 37 as follows 28 9797 838 DEBGN AN T QUA1v FIARLEY DAVIDSON t3VC S t7P 4Si I N TO PLAINTtFF LISA Hlt t S MC TIOiV TC C4Mt rL t4ENTS N4S 3G ANll 3 7 FURTi GR RGSP IYSE51 dSECOIVD SET OF REQUESTS F OR PttODtIC I IQN OF DOCU 1 MEMORA NDUM OF POINTS AND AUTH4RITIES 2 I INTRODUCTION 3 Plaintiff Hill Plaintiff ed her Second Amended Complaint FAC against 4 Defendant 21 2019 The SAC has nine Defendant Quaid Harley Davidson on ar about May 5 causes of actian 1 Negligence 2 False Advertising 3 Violations of t e Consumer Legal 6 Remedies Act 4 Breach of Express Warranty 5 Breach af Implied Warranty 6 Negligent 7 Misrepresentation 7 Fraud Deceit 8 Unjust Enrichment and 9 Unfair Competition 8 II PLAINTIFF S FACTUAL ALLEGATIONS 9 As to the Individual Claims 10 On or about October 9 20I 5 Plaintiff purchased a Harley Davidsan matorcycle from uaid 11 for atolal purchase price of 27 b38 54 SAC 18 The motorcycle was z epresented advertised 12 and sold to Plaintiff as new as reflected on her purchase paperwork SAC 18 The plaintiff 13 alleges these representatians and advertisements were false because the motorcycle had been the 14 subject nf a retail sale and or registered witli the DMV SAC 19 The plaintiff contends and 15 alleges that the inotoicycle was therefore used SAC 20 However the Plaintiff knaws what 16 1lappened with the motorcycle in question it was accidenta ly registered to a Roger Ft wler when 17 he purchased an identical znatorcycle with an almost identical VIN vehicle identification nutrzber 18 before Plaintiff s purchase SAC 21 a 21 e The Plaii tiff alleges the problern had been created 19 by Defendants sale of a motorcycle Plaintiff s that had previously been registered ta one Roger 2Q Fowler SAC 21c 21 Again as siated in the allegatians Plaintiff knows that the matorcycle was nQt the subject af a retail sale but that its VIN was accidentally registered to the purchaser af an identical 23 motarcycle with a similar VIN Tl is mistaken registration was simply the in the Plaintiffs 4 caunsel needed to get to Quaid on what it hoped where other regulatory violations that would lead 2 to class allegations 2g As to the Class Allegations Included in the sale of Plaintif s motorcycle and nt ted on the purchase agreement was a 28 Note Plaintiffs motorcycle never left the lat prior to the sate to Plaintiff 747 836 Z DEI ENDAIY i QUAID HARLEY DAVIDSON INC1S t7PPOSII ION T O PLAtI TIFF LISA HIL S i41i7TION TO C4MPEL AND 3 T FURTHCR RIsSPOlVSGS TO SECOND SL I OF REQUE5TS FOR PRODUC7 tON UP BOCLiMEiVTS NOS 36