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ELECTRONICALLY FILED (Auto)
1 SCALI RASMUSSEN, PC SUPERIOR COURT OF CALIFORNIA
Christian J. Scali, Esq. (SBN 193785) COUNTY OF SAN BERNARDINO
2 cscali@scalilaw.com 11/29/2023 11:26 PM
Julie S. Pearson, Esq. (SBN 183043)
3 jpearson@scalilaw.com
300 South Grand Ave., Suite 2750
4 Los Angeles, CA 9007 1
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
ci 11 LISA HILL, an individual, on behalf of herself, Case No. CIVDS1826573
CD the proposed class(es), all others similarly
cn 12 situated, and on behalf of the general public, Judge: Hon. Wilfred J. Schneider, Jr.
cn Dept: S3 2
13 Plaintiff,
15 :
CLASS ACTION
Ei 14 vs.
tn
15 QUAID HARLEY-DAVIDSON, INC., a DECLARATION OF BRANDON QUAID IN
cu
California corporation, and DOES 1 through SUPPORT OF QUAID HARLEY-
16 10, inclusive, DAVIDSON, INC.’S OPPOSITION TO
PLAINTIFF’S MOTION FOR SUMMARY
Q 17 Defendants. ADJUDICATION
CO 18 [Filed Concurrently herewith Quaid 's
QUAID HARLEY-DAVIDSON, INC., a Opposition to Plaintiff’s Motion For Summary
19 California corporation, and DOES 1 through 10, Adjudication, Requestfor Judicial Notice,
inclusive, Evidentiary Objections to Declaration ofLisa
20 Hill, Declaration ofJulie Pearson, Declaration
Cross-Complainant, of Jayme Davis, Defendant ’s Notice of
21 Lodgment, Defendant’s Response to Plaintiff’s
vs. Separate Statement.]
22
HARLEY-DAVIDSON MOTOR COMPANY, Date: December 13, 2023
23 INC., a Wisconsin corporation, and DOES 1 Time: 8:30 AM
through 10, inclusive. Dept: Department S3 2
24
Cross-Defendant. Complaint Filed: October 5, 2018
25 FAC Filed: ’ '
March 4, 2019
SAC Filed: May 22, 2019
26 X-Complaint Filed: May 28, 2021
FACC Filed: December 7, 2022
27 Trial Date: August 5, 2024
28
- 1 -
DECLARATION OF BRANDON QUAID IN SUPPORT OF QUAID HARLEY-DAVIDSON, INC.’S
OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION
00320374.2
1 DECLARATION OF BRANDON QUAID
2 I, Brandon Quaid, declare and state as follows:
3 1. I am a resident of the State of California, County of Riverside, I am not a party in the
4 above-captioned lawsuit, and I am over 1 8 years old. I have personal knowledge of all facts stated
5 herein, and, if called as a witness, I could and would testify competently to such facts under oath.
6 2. I make this declaration in Support of Defendant Quaid Harley-Davidson, Inc’s
7 Opposition to Plaintiffs Motion for Summary Adjudication.
8 3. In 1996, brothers Bob, Rich, Glenn and Gordon Quaid, opened Quaid Harley-
9 Davidson in San Bernardino, and in March of 1999 they moved the store to its current location in
10 Loma Linda. I am and have been employed as the General Manager for Defendant and Cross-
11 Complainant Quaid Harley-Davidson, Inc. (“Quaid”) since 1994. As the General Manager, I am
12 aware of the general business practices of Quaid during that time.
CO
13 4. Quaid is a licensed Harley-Davidson retail motorcycle dealership that exclusively
Ei 14 sells new and used Harley-Davidson motorcycles pursuant to its franchise agreement with Cross-
co
cu 15 Defendant Harley-Davidson Motor Company, Inc. (“HDMC”), who manufactures, distributes, and
16 warranties Harley-Davidson brand motorcycles.
17 5. On or about September 23, 2015, Quaid’s Finance Manager at the time, Jason
co 18 Wilmoth, discovered that as a result of a clerical error, VIN 1HD1KKL37FB665246 (“VIN ‘5246”)
19 a physically identical motorcycle with a very similar to Vehicle Identification Number
20 1HD1KKL32FB668846 (“VIN ‘8846”), had been soldon July 9, 2015, for $27,984 to Roger Fowler.
21 However, while Mr. Fowler drove off on VIN ‘5246, VIN ‘8846 was mistakenly registered in his
22 name with the California Department of Motor Vehicles (“DMV”). A true and correct copy of the
23 July 9, 2015 retail installment sale contract for Roger Fowler and VIN ‘8846, is attached hereto as
24 Exhibit 1, and, a true and correct copy of the RPM One Contract Correction Request Form, dated
25 September 23, 2015 signed by Jason Wilmoth for Roger Fowler and VIN ‘5246 is attached hereto
26 as Exhibit 2.
27 6. Sometime on or before October 6, 2015, Plaintiff contacted Quaid regarding
28 purchasing a motorcycle. On October 6, 2015, Plaintiff Lisa Hill’s credit information was submitted
-2-
DECLARATION OF BRANDON QUAID IN SUPPORT OF QUAID HARLEY-DAVIDSON, INC.’S
OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION
00320374.2
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ELECTRONICALLY FILED (Auto) 1 SCALI RASMUSSEN, PC SUPERIOR COURT OF CALIFORNIA Christian J. Scali, Esq. (SBN 193785) COUNTY OF SAN BERNARDINO 2 cscali@scalilaw.com 11/29/2023 11:26 PM Julie S. Pearson, Esq. (SBN 183043) 3 jpearson@scalilaw.com 300 South Grand Ave., Suite 2750 4 Los Angeles, CA 9007 1 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 ci 11 LISA HILL, an individual, on behalf of herself, Case No. CIVDS1826573 CD the proposed class(es), all others similarly cn 12 situated, and on behalf of the general public, Judge: Hon. Wilfred J. Schneider, Jr. cn Dept: S3 2 13 Plaintiff, 15 : CLASS ACTION Ei 14 vs. tn 15 QUAID HARLEY-DAVIDSON, INC., a DECLARATION OF BRANDON QUAID IN cu California corporation, and DOES 1 through SUPPORT OF QUAID HARLEY- 16 10, inclusive, DAVIDSON, INC.’S OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY Q 17 Defendants. ADJUDICATION CO 18 [Filed Concurrently herewith Quaid 's QUAID HARLEY-DAVIDSON, INC., a Opposition to Plaintiff’s Motion For Summary 19 California corporation, and DOES 1 through 10, Adjudication, Requestfor Judicial Notice, inclusive, Evidentiary Objections to Declaration ofLisa 20 Hill, Declaration ofJulie Pearson, Declaration Cross-Complainant, of Jayme Davis, Defendant ’s Notice of 21 Lodgment, Defendant’s Response to Plaintiff’s vs. Separate Statement.] 22 HARLEY-DAVIDSON MOTOR COMPANY, Date: December 13, 2023 23 INC., a Wisconsin corporation, and DOES 1 Time: 8:30 AM through 10, inclusive. Dept: Department S3 2 24 Cross-Defendant. Complaint Filed: October 5, 2018 25 FAC Filed: ’ ' March 4, 2019 SAC Filed: May 22, 2019 26 X-Complaint Filed: May 28, 2021 FACC Filed: December 7, 2022 27 Trial Date: August 5, 2024 28 - 1 - DECLARATION OF BRANDON QUAID IN SUPPORT OF QUAID HARLEY-DAVIDSON, INC.’S OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION 00320374.2 1 DECLARATION OF BRANDON QUAID 2 I, Brandon Quaid, declare and state as follows: 3 1. I am a resident of the State of California, County of Riverside, I am not a party in the 4 above-captioned lawsuit, and I am over 1 8 years old. I have personal knowledge of all facts stated 5 herein, and, if called as a witness, I could and would testify competently to such facts under oath. 6 2. I make this declaration in Support of Defendant Quaid Harley-Davidson, Inc’s 7 Opposition to Plaintiffs Motion for Summary Adjudication. 8 3. In 1996, brothers Bob, Rich, Glenn and Gordon Quaid, opened Quaid Harley- 9 Davidson in San Bernardino, and in March of 1999 they moved the store to its current location in 10 Loma Linda. I am and have been employed as the General Manager for Defendant and Cross- 11 Complainant Quaid Harley-Davidson, Inc. (“Quaid”) since 1994. As the General Manager, I am 12 aware of the general business practices of Quaid during that time. CO 13 4. Quaid is a licensed Harley-Davidson retail motorcycle dealership that exclusively Ei 14 sells new and used Harley-Davidson motorcycles pursuant to its franchise agreement with Cross- co cu 15 Defendant Harley-Davidson Motor Company, Inc. (“HDMC”), who manufactures, distributes, and 16 warranties Harley-Davidson brand motorcycles. 17 5. On or about September 23, 2015, Quaid’s Finance Manager at the time, Jason co 18 Wilmoth, discovered that as a result of a clerical error, VIN 1HD1KKL37FB665246 (“VIN ‘5246”) 19 a physically identical motorcycle with a very similar to Vehicle Identification Number 20 1HD1KKL32FB668846 (“VIN ‘8846”), had been soldon July 9, 2015, for $27,984 to Roger Fowler. 21 However, while Mr. Fowler drove off on VIN ‘5246, VIN ‘8846 was mistakenly registered in his 22 name with the California Department of Motor Vehicles (“DMV”). A true and correct copy of the 23 July 9, 2015 retail installment sale contract for Roger Fowler and VIN ‘8846, is attached hereto as 24 Exhibit 1, and, a true and correct copy of the RPM One Contract Correction Request Form, dated 25 September 23, 2015 signed by Jason Wilmoth for Roger Fowler and VIN ‘5246 is attached hereto 26 as Exhibit 2. 27 6. Sometime on or before October 6, 2015, Plaintiff contacted Quaid regarding 28 purchasing a motorcycle. On October 6, 2015, Plaintiff Lisa Hill’s credit information was submitted -2- DECLARATION OF BRANDON QUAID IN SUPPORT OF QUAID HARLEY-DAVIDSON, INC.’S OPPOSITION TO PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION 00320374.2