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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
QUILL & ARROW, LLP COUNTY 0F SAN BERNARDINO
1
Kevin Y. Jacobson (SBN 320532) SAN BERNARDINO DISTRICT
2 kiacobson@quillarrowlaw.com 1/16/2024 12:00 AM
David Derderian, Esq. (SBN 349787)
3 dderderian@quillarrowlaw.com By: Sy'Via Guajardoa DEPUTY
e-service@quillarrowlaw.com
4 10900 Wilshire Boulevard, suite 300
Los Angeles, CA 90024
Telephone: (310) 933—4271
6 Facsimile: (310) 889-0645
7 Attorneys for Plaintiff,
RHONDA MCDOWELL
W
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF SAN BERNARDINO
1 0
11 RHONDA MCDOWELL, an individual, Case Nos
12
Assigned t0 the Hon. Brian S. McCarville in Dept.
Plaintiff,
E
s3 0
13
E vs. DECLARATION 0F DAVID DERDERIAN 1N
SUPPORT 0F PLAINTIFF RHONDA
\RRO\\'-
xl
14
AMERICAN HONDA MOTOR C0., MCDOWELL’S OPPOSITION T0
\\.,\-:\\-
15
-
INC., a Delaware Corporatlon, and DOES
DEFENDANT’S MOTION TO COMPEL
(H'Illllt'w'
through 10’ “1011mm
FURTHER RESPONSES T0 SPECIAL
1 6
1
INTERROGATORIES AND FOR SANCTIONS
)
[Filed concurrently With Opposition t0 Motion to
17 Defendants' Compel Further Responses]
18
19
HEARING:
Date: January 29, 2024
Time: 8:30 am.
20
Dept: S30
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Complaint Filed: June 9, 2022
Trial Date: April 15, 2024
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28 - 1 -
DECLARATION OF DAVID DERDERIAN IN SUPPORT OF PLAINTIFF RHONDA MCDOWELL’S
OPPOSITION TO DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORIES AND FOR SANCTIONS
DECLARATION OF DAVID DERDERIAN
I, David Derderian, declare as follows:
1. I am an attorney, duly admitted and licensed to practice law before all courts of the
State 0f California. I am an attorney at the law firm 0f Quill & Arrow, LLP, attorneys of records
for Plaintiff, RHONDA MCDOWELL, in the above-captioned matter.
2. I have personal knowledge 0f the following facts, and if called to testify regarding
those matters, I could and would competently testify thereto.
3. I respectfully submit this declaration in support of Plaintiff RHONDA
MCDOWELL’S Opposition t0 Defendant’s Motion T0 Compel Further Responses T0 Special
interrogatories and for Sanctions (“Motion”).
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4. On or about June 9, 2022, Plaintiff filed a Complaint in the San Bernardino County
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Superior Court alleging Breach of Express Warranty and Breach of Implied Warranty in Violation
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II of the Song-Beverly Act and Violation 0f the Song-Beverly Act under §1793.2. Plaintiff alleged
'313
that on or about July 11, 2020, Plaintiff purchased a new 2020 Honda Fit, vehicle identification
?14
number 3HGGK5H41LM714882, from Spreen Honda an authorized Honda dealership located in
Ql'll.l.é¥.\RRO\X'
315 Lorna Linda, California. However, the Subject Vehicle was manufactured and/or distributed by
16 Defendant. During the warranty period, Plaintiff has alleged that the Subject Vehicle contained or
17 developed defects related t0 the transmission, suspension, engine, and electrical systems.
18 According t0 the repair and warranty records, Plaintiffpresented the Subject Vehicle to Defendant’ s
19 authorized repair facility on numerous occasions for various defects.
20 5. Plaintiff’s claims under the Song-Beverly Act are against Defendant AMERICAN
21 HONDA MOTOR CO., INC. (“AHM”) for their failure t0 conform the Subject Vehicle to the
22 applicable express waITanty after a reasonable number of repair attempts. As a result, the
nonconformities substantially impaired the use, value, and/or safety 0f the Subj ect Vehicle.
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6. After Defendant filed an Answer, Defendant AHM propounded Special
interrogatories, Set One, on or about July 18, 2023.
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7. On 0r about August 21, 2023, Plaintiff provided responses to Defendant AHM’s
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Special interrogatories, Set One. Verifications t0 those responses were provided on September 29,
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2023. Thereafter, Defendant served a meet and confer letter to Plaintiff s counsel, Donald Mahnke,
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DECLARATION OF DAVID DERDERIAN IN SI-ng;ORT OF PLAINTIFF RHONDA MCDOWELL’S
OPPOSITION TO DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORIES AND FOR SANCTIONS
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA QUILL & ARROW, LLP COUNTY 0F SAN BERNARDINO 1 Kevin Y. Jacobson (SBN 320532) SAN BERNARDINO DISTRICT 2 kiacobson@quillarrowlaw.com 1/16/2024 12:00 AM David Derderian, Esq. (SBN 349787) 3 dderderian@quillarrowlaw.com By: Sy'Via Guajardoa DEPUTY e-service@quillarrowlaw.com 4 10900 Wilshire Boulevard, suite 300 Los Angeles, CA 90024 Telephone: (310) 933—4271 6 Facsimile: (310) 889-0645 7 Attorneys for Plaintiff, RHONDA MCDOWELL W 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO 1 0 11 RHONDA MCDOWELL, an individual, Case Nos 12 Assigned t0 the Hon. Brian S. McCarville in Dept. Plaintiff, E s3 0 13 E vs. DECLARATION 0F DAVID DERDERIAN 1N SUPPORT 0F PLAINTIFF RHONDA \RRO\\'- xl 14 AMERICAN HONDA MOTOR C0., MCDOWELL’S OPPOSITION T0 \\.,\-:\\- 15 - INC., a Delaware Corporatlon, and DOES DEFENDANT’S MOTION TO COMPEL (H'Illllt'w' through 10’ “1011mm FURTHER RESPONSES T0 SPECIAL 1 6 1 INTERROGATORIES AND FOR SANCTIONS ) [Filed concurrently With Opposition t0 Motion to 17 Defendants' Compel Further Responses] 18 19 HEARING: Date: January 29, 2024 Time: 8:30 am. 20 Dept: S30 21 Complaint Filed: June 9, 2022 Trial Date: April 15, 2024 22 23 24 25 26 27 28 - 1 - DECLARATION OF DAVID DERDERIAN IN SUPPORT OF PLAINTIFF RHONDA MCDOWELL’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND FOR SANCTIONS DECLARATION OF DAVID DERDERIAN I, David Derderian, declare as follows: 1. I am an attorney, duly admitted and licensed to practice law before all courts of the State 0f California. I am an attorney at the law firm 0f Quill & Arrow, LLP, attorneys of records for Plaintiff, RHONDA MCDOWELL, in the above-captioned matter. 2. I have personal knowledge 0f the following facts, and if called to testify regarding those matters, I could and would competently testify thereto. 3. I respectfully submit this declaration in support of Plaintiff RHONDA MCDOWELL’S Opposition t0 Defendant’s Motion T0 Compel Further Responses T0 Special interrogatories and for Sanctions (“Motion”). 10 4. On or about June 9, 2022, Plaintiff filed a Complaint in the San Bernardino County 11 Superior Court alleging Breach of Express Warranty and Breach of Implied Warranty in Violation 12 II of the Song-Beverly Act and Violation 0f the Song-Beverly Act under §1793.2. Plaintiff alleged '313 that on or about July 11, 2020, Plaintiff purchased a new 2020 Honda Fit, vehicle identification ?14 number 3HGGK5H41LM714882, from Spreen Honda an authorized Honda dealership located in Ql'll.l.é¥.\RRO\X' 315 Lorna Linda, California. However, the Subject Vehicle was manufactured and/or distributed by 16 Defendant. During the warranty period, Plaintiff has alleged that the Subject Vehicle contained or 17 developed defects related t0 the transmission, suspension, engine, and electrical systems. 18 According t0 the repair and warranty records, Plaintiffpresented the Subject Vehicle to Defendant’ s 19 authorized repair facility on numerous occasions for various defects. 20 5. Plaintiff’s claims under the Song-Beverly Act are against Defendant AMERICAN 21 HONDA MOTOR CO., INC. (“AHM”) for their failure t0 conform the Subject Vehicle to the 22 applicable express waITanty after a reasonable number of repair attempts. As a result, the nonconformities substantially impaired the use, value, and/or safety 0f the Subj ect Vehicle. 23 24 6. After Defendant filed an Answer, Defendant AHM propounded Special interrogatories, Set One, on or about July 18, 2023. 25 7. On 0r about August 21, 2023, Plaintiff provided responses to Defendant AHM’s 26 Special interrogatories, Set One. Verifications t0 those responses were provided on September 29, 27 2023. Thereafter, Defendant served a meet and confer letter to Plaintiff s counsel, Donald Mahnke, 28 DECLARATION OF DAVID DERDERIAN IN SI-ng;ORT OF PLAINTIFF RHONDA MCDOWELL’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND FOR SANCTIONS