Document for LISA HILL V QUAID HARLEY-DAVIDSON, INC. Print

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                                1 SCALI RASMUSSEN, PC                                                 ELECTRONICALLY FILED (Auto)
   Christian J. Scali, Esq. (SBN 193785)                               SUPERIOR COURT OF CALIFORNIA
 2 cscali@scalilaw.com                                                 COUNTY OF SAN BERNARDINO
   Julie S. Pearson, Esq. (SBN 183043)                                 11/29/2023 11:26 PM
 3 jpearson@scalilaw.com
   300 South Grand Ave., Suite 2750
 4 Los Angeles, CA 90071
   Telephone: 213.239.5622
 5 Facsimile: 213.239.5623

 6 Attorneys for Defendant and Cross-Complainant
   QUAID HARLEY-DAVIDSON, INC
 7

 8                      SUPERIOR COURT OF THE STATE OF CALIFORNIA

 9                               COUNTY OF SAN BERNARDINO

10 LISA HILL, an individual, on behalf of herself, Case No. CIVDS1826573
   the proposed class(es), all others similarly
11 situated, and on behalf of the general public,  Assigned for all purposes to the Honorable
                                                   Wilfred J. Schneider
12                Plaintiff,                       Dept: S32

13                vs.                               QUAID HARLEY-DAVIDSON INC.’S
                                                    RESPONSE TO PLAINTIFF’S SEPARATE
14   QUAID HARLEY-DAVIDSON, INC., a                 STATEMENT OF UNDISPUTED
     California corporation, and DOES 1 through 10, MATERIAL FACTS IN SUPPORT OF
15   inclusive,                                     MOTION FOR SUMMARY
                                                    ADJUDICATION
16                  Defendant.
                                                    [Filed Concurrently herewith Quaid’ s
17                                                  Opposition to Plaintiff’ s Motion for Summary
     QUAID HARLEY-DAVIDSON, INC., a                 Adjudication,    Evidentiary   Objections   to
18   California corporation, and DOES 1 through 10, Declaration of Lisa Hill, Declaration of Julie
     inclusive,                                     Pearson, Declaration of Jayme Davis,
19                                                  Declaration of Brandon Quaid, Defendant’ s
                    Cross-Complainant,              Notice of Lodgment, Defendant’s Request for
20                                                  Judicial Notice
             vs.
21                                                  Date: December 13, 2023
     HARLEY-DAVIDSON MOTOR COMPANY, Time: 8:30 AM
22   INC., a Wisconsin corporation, and DOES 1      Dept: Department S32
     through 10, inclusive,
23                                                  Complaint Filed:     October 5, 2018
                    Cross-Defendant.                FAC Filed: March 4, 2019
24                                                  SAC Filed: May 22, 2019
                                                    X-Complaint Filed: May 28, 2021
25                                                  FACC Filed: December 7, 2022
                                                    Trial Date:    August 5, 2024
26
27

28
                                                 -1-
             QUAID HARLEY-DAVIDSON INC.’S RESPONSE TO PLAINTIFF’S SEPARATE STATEMENT OF
             UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
     00320880.4
 1 TO THE COURT AND ALL PARTIES AND TO THEIR COUNSEL OF RECORD:

 2                Defendant and Cross-Complainant Quaid Harley-Davidson, Inc.’s (hereinafter,”QUAID”)

 3 respectfully submit the following response to Plaintiffs’ Separate Statement of Undisputed Material

 4 Facts in Support of its Motion for Summary Adjudication.

 5
                  A. PLAINTIFF IS NOT ENTITLED TO SUMMARY ADJUDICATION ON HER
 6                   SECOND CAUSE OF ACTION FOR FALSE ADVERTISING (BUSINESS &
                     PROFESSIONS CODE § 17500 ET SEQ.) AGAINST QHD AS A MATTER OF
 7                   LAW, AS THERE ARE DISPUTED ISSUES OF MATERIAL FACT AND
 8                   DEFENDANT HAS AFFIRMATIVE DEFENSES

 9                  PLAINTIFF’s UNDISPUTED                     QHD’s RESPONSE AND EVIDENCE
                      MATERIAL FACTS AND
10
                     SUPPORTING EVIDENCE
11
       1.     Fact: In October 2015, Plaintiff Lisa      1.     Disputed.
12            Hill (“Plaintiff”) negotiated with Quaid   Facts: Beginning on or before October 6, 2015,
              Harley-Davidson, Inc. (“QHD” or
13                                                       Plaintiff was informed during her communications
              “Quaid”) to purchase a new Harley-         with Quaid prior to her negotiations of the purchase
              Davison motorcycle.
14                                                       on October 9, 2015 that the new 2015 model
              Evidence: Declaration of Lisa Hill         FLHTKL Harley-Davison motorcycle (“VIN
15            (“Hill Dec.”), ¶¶ 3-5, and Exs. A, B       ‘8846”) was previously erroneously registered with
              and E thereto; Declaration of Ross H.      the CA DMV.
16            Hyslop (“Hyslop Dec.”), Vol. I, ¶ 4        Evidence: Declaration of Jayme Davis (“Davis
17            and Ex. 8 (Plaintiff’s March 24, 2021      Dec.”), ¶21, Exh. 12, DMV Statement of Facts for
              third amended PMQ deposition notice        VIN ‘8846 to correct erroneous registration,
18            of QHD, topics 1 and 3); Hyslop Dec.,      Certificate of Title 10/8/2015 for VIN ‘8846 and
              Vol. I, ¶ 4 and Ex. 10 (April 9, 2021
19                                                       Quaid Issue Receipt 10/8/2015 for VIN ‘8846.
              PMQ testimony of QHD, 15:6-16:7)
              (“Q. Did, in fact, Ms. Hill purchase a     Declaration of Brandon Quaid (“B. Quaid Dec.”),
20                                                       ¶5, Exh. 1, July 9, 2015 retail installment sales
              motorcycle -- a Harley-Davidson
21            motorcycle from Quaid Harley-              contract      for      Roger       Fowler    and
              Davidson on or about October 9, 2015?      1HD1KKL32FB668846) ( “VIN ‘8846”); ¶5, Exh.
22            A. Yes, she did. Q. Was it                 2 September 23, 2015 RPMOne Contract
              represented and/or sold to her as a new    Correction Request Form transmittal confirmation
23            motorcycle? A. Yes, it was.”).             to correct VIN number for R. Fowler; ¶6, Exh. 3,
                                                         October 6, 2015 Eaglemark Savings Bank (”ESB”)
24                                                       Credit Score report for Lisa A. Hill.
25                                                       Quaid’s Evidentiary Objections to Declaration of
                                                         Lisa A. Hill (“Evid. Objs.”), Objection No. 2.
26
       2.     Fact: On or about October 9, 2015,         2.     Disputed.
27
              Plaintiff bought a 2015 model              Facts: Beginning September 23, 2015, Quaid took
28            FLHTKL Harley-Davison motorcycle           steps to correct the erroneous registration of Vin
                                                         -2-
             QUAID HARLEY-DAVIDSON INC.’S RESPONSE TO PLAINTIFF’S SEPARATE STATEMENT OF
             UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
     00320880.4