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Scott S. Shepardson, State Bar No. 197446
sshepardson@ongarope.com
Stephen T. Grimsrud, State Bar No. 200153
sgrimsrud@ongaropc.com
ONGARO PC
50 California Street, Suite 3325
San Francisco, CA 94108
T: 415.433.3900
F: 415.433.3950
Attorneys for Defendants
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
02/05/2019
Clerk of the Court
BY:ROBERT GOULDING
Deputy Clerk
FCA US LLC and SAN LEANDRO CAR STOP, LLC
dba SAN LEANDRO CHRYSLER DODGE JEEP RAM,
sued incorrectly as HIDALGO HOLDINGS, INC. dba SAN
LEANDRO CHRYSLER DODGE JEEP RAM
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JERMAINE HORTON,
Plaintiff,
vs.
FCA US LLC, a Delaware Limited Liability
Company; HIDALGO HOLDINGS, INC., a
California Corporation dba SAN LEANDRO
CHRYSLER DODGE JEEP RAM; and DOES
1 through 10, inclusive,
Defendants.
Case No.; CGC-16-551448
Unlimited Jurisdiction
DECLARATION OF STEPHEN T.
GRIMSRUD IN SUPPORT OF
DEFENDANT FCA US LLC’S
SUPPLEMENTAL REPLY BRIEF IN
SUPPORT OF MOTION FOR
SUMMARY ADJUDICATION
[Reservation No. 10230118-12)
DATE: February 8, 2019
TIME: 9:30 A.M.
DEPT: 302
FAC Filed: July 24, 2017
Trial Date: February 19, 2019
DECLARATION OF STEPHEN T. GRIMSRUD IN SUPPORT OF FCA US LLC’S SUPPLEMENTAL REPLY BRIEF IN
SUPPORT OF MOTION FOR SUMMARY ADJUDICATION
4810-8413-2712.1Cen Dn BF WN
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DECLARATION OF STEPHEN T. GRIMSRUD
I, Stephen T. Grimsrud, declare:
Jam an attorney licensed to practice in the State of California and Counsel with the law firm
of Ongaro PC, attorneys for FCA US LLC in this matter.
Ihave personal knowledge of the facts set forth in this Declaration and could testify
competently thereto if called to do so.
1.
My client, FCA US LLC, did not stipulate to allow approximately one-hundred
thousand documents produced in the Velasco class action to be introduced as evidence
in any action brought against FCA US LLC by Plaintiffs counsel.
Exhibit No. 1 to the Declaration of George Semaan was not created by FCA US. Mr.
Semaan’s statement in his Declaration that, “Exhibit 1 is a true and correct copy of
FCA’s TIPM Corrective Action process Chart, which identifies the status of corrective
actions taken for problems with the TIPM since 2006,” is inaccurate. I recognize this
document as one created by Plaintiffs counsel.
In the case entitled Blasco Real Estate, Inc. and Ron Blasco y. FCA US LLC, San
Bernardino Superior Court Case No. CIVDS 1609641, Judge Janet Frangie granted
FCA US’ motion for directed verdict as to Plaintiffs’ claims for punitive damages
following the close of evidence.
In the case entitled Ricardo Cuevas v. FCA US LLC, Riverside Superior Court Case
No. RIC 1616584, Judge John Farrell granted FCA US’ motion for directed verdict as
to Plaintiffs’ claims for punitive damages following the close of evidence.
In the case entitled Richard Busk vy, FCA US LLC, Placer County Superior Court Case
No, SCV0038572, the trial judge granted FCA US’ motion for directed verdict as to
Plaintiffs’ claims for punitive damages following the close of evidence. The jury
returned a verdict in favor of FCA US on the issue of fraudulent inducement --
concealment.
4810-8413-2712.1Cn DW FF WN
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RBNRSERRBRBRSVPRSRRATEDR AS w&
10.
11,
12,
13.
In the case entitled Lamar Waller v. FCA US LLC, Los Angeles Superior Court Case
No. BC656016, the jury returned a verdict in favor of FCA US on the issue of
fraudulent inducement — concealment.
In the case entitled Angel Rodriguez v. FCA US LLC, Los Angeles Superior Court
Case No. BC620942, the jury returned a verdict in favor of FCA US on the issue of
fraudulent inducement — concealment.
In the case entitled Phillip and Alma Smith v. FCA US LLC, Riverside Superior Court
Case No. RIC 1608462, the jury returned a verdict in favor of FCA US on the issue of
fraudulent inducement — concealment.
In the case entitled Angel Rodriguez v. FCA US LLC, Los Angeles Superior Court
Case No. BC620942, the jury returned a verdict in favor of FCA US on the issue of
fraudulent inducement — concealment.
In the case entitled Marisa and Mathew Jordan v. FCA US LLC, Alameda County
Superior Court Case No. RG16820118, the jury returned a verdict in favor of FCA US
on the issue of fraudulent inducement —- concealment.
In the case entitled Dominic Teran v. FCA US LLC, Tulare County Superior Court
Case No. 265860, the jury returned a verdict in favor of FCA US on the issue of
fraudulent inducement — concealment.
In the case entitled Linda Adams v. FCA US LLC, U.S. District Court for the Central
District of California, case no. 2:16-cv-04317-JFW-MRW, Judge John Walter granted
summary judgment as to all of Plaintiffs causes of action, including her cause of
action for fraudulent inducement, concealment,
In the case entitled Leon Dienes v. FCA US LLC, U.S. District Court for the Southern
District of California, Case No. 3:16-cv-01812-AJB-BGS, Judge Anthony Battaglia
granted summary judgment as to Plaintiff's cause of action for fraudulent inducement,
concealment and Plaintiff's claims for punitive damages and a civil penalty.
4B10-8413-2712.1ony Dn wn FF WN
I declare under penalty of perjury under the laws of the state of California that the foregoing is
true and correct.
Executed on the 1st day of February, 2019 in San Francisco, California.
Mb fa
Stephen T. Grimsrud.
4810-8413-2712.1PROOF OF SERVICE
CASE NAME: Jermaine Horton vs. FCA US LLC, et al.
COURT: San Francisco Superior Court
CASENO.: CGC-16-551448
I, the undersigned, certify that I am employed in the City and County of Los Angeles, CA; [
am over the age of 18-years and not a party to this action; my business address is 333 S. Hope Street,
40" Floor, Los Angeles, CA 90071. On February 5, 2019, I served the following document(s):
DECLARATION OF STEPHEN T, GRIMSRUD IN SUPPORT OF DEFENDANT FCA US
LLC’S SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY
ADJUDICATION
on the parties stated below, through their attorneys of record, by placing true copies thereof in sealed
envelopes addressed as shown below by the following means of service:
XX_: By Overnight Courier — I caused each such envelope to be given to an overnight mail service
at my business address, to be hand delivered to the office of the addressee on the next business day.
Steve Mikhov, Esq. Attorneys for Plaintiff
Knight Law Group LLP
10250 Constellation Blvd., Suite 2500 7
Los Angeles, CA 90067 Blaser:
stevem@knightlaw.com 7 pes
Richard M. Wirtz, Esq. Attorneys for Plaintiff
Amy Smith, Esq.
WIRTZ LAW APC .
4370 La Jolla Drive, Ste. 800 Rh ae So soe
San Diego, CA 92122 7 re
I declare under penalty of perjury that the foregoing is true and correct. Executed on February 5,
2019, in Los Angeles, California.
Kimberly Taylor
Kimberly Taylor
Preview
Cc wren DAM fF WY NN NY NY NY NNN DNDN SB ee ee ew ee on Dn fF WN KY COO HN HD HD BW NY | CS Scott S. Shepardson, State Bar No. 197446 sshepardson@ongarope.com Stephen T. Grimsrud, State Bar No. 200153 sgrimsrud@ongaropc.com ONGARO PC 50 California Street, Suite 3325 San Francisco, CA 94108 T: 415.433.3900 F: 415.433.3950 Attorneys for Defendants ELECTRONICALLY FILED Superior Court of California, County of San Francisco 02/05/2019 Clerk of the Court BY:ROBERT GOULDING Deputy Clerk FCA US LLC and SAN LEANDRO CAR STOP, LLC dba SAN LEANDRO CHRYSLER DODGE JEEP RAM, sued incorrectly as HIDALGO HOLDINGS, INC. dba SAN LEANDRO CHRYSLER DODGE JEEP RAM SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JERMAINE HORTON, Plaintiff, vs. FCA US LLC, a Delaware Limited Liability Company; HIDALGO HOLDINGS, INC., a California Corporation dba SAN LEANDRO CHRYSLER DODGE JEEP RAM; and DOES 1 through 10, inclusive, Defendants. Case No.; CGC-16-551448 Unlimited Jurisdiction DECLARATION OF STEPHEN T. GRIMSRUD IN SUPPORT OF DEFENDANT FCA US LLC’S SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION [Reservation No. 10230118-12) DATE: February 8, 2019 TIME: 9:30 A.M. DEPT: 302 FAC Filed: July 24, 2017 Trial Date: February 19, 2019 DECLARATION OF STEPHEN T. GRIMSRUD IN SUPPORT OF FCA US LLC’S SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION 4810-8413-2712.1Cen Dn BF WN N Ve Be Be Be Be Be eB ee ee DECLARATION OF STEPHEN T. GRIMSRUD I, Stephen T. Grimsrud, declare: Jam an attorney licensed to practice in the State of California and Counsel with the law firm of Ongaro PC, attorneys for FCA US LLC in this matter. Ihave personal knowledge of the facts set forth in this Declaration and could testify competently thereto if called to do so. 1. My client, FCA US LLC, did not stipulate to allow approximately one-hundred thousand documents produced in the Velasco class action to be introduced as evidence in any action brought against FCA US LLC by Plaintiffs counsel. Exhibit No. 1 to the Declaration of George Semaan was not created by FCA US. Mr. Semaan’s statement in his Declaration that, “Exhibit 1 is a true and correct copy of FCA’s TIPM Corrective Action process Chart, which identifies the status of corrective actions taken for problems with the TIPM since 2006,” is inaccurate. I recognize this document as one created by Plaintiffs counsel. In the case entitled Blasco Real Estate, Inc. and Ron Blasco y. FCA US LLC, San Bernardino Superior Court Case No. CIVDS 1609641, Judge Janet Frangie granted FCA US’ motion for directed verdict as to Plaintiffs’ claims for punitive damages following the close of evidence. In the case entitled Ricardo Cuevas v. FCA US LLC, Riverside Superior Court Case No. RIC 1616584, Judge John Farrell granted FCA US’ motion for directed verdict as to Plaintiffs’ claims for punitive damages following the close of evidence. In the case entitled Richard Busk vy, FCA US LLC, Placer County Superior Court Case No, SCV0038572, the trial judge granted FCA US’ motion for directed verdict as to Plaintiffs’ claims for punitive damages following the close of evidence. The jury returned a verdict in favor of FCA US on the issue of fraudulent inducement -- concealment. 4810-8413-2712.1Cn DW FF WN Re YY NY NNN NY SY YS Se Be Bee Be ee eS RBNRSERRBRBRSVPRSRRATEDR AS w& 10. 11, 12, 13. In the case entitled Lamar Waller v. FCA US LLC, Los Angeles Superior Court Case No. BC656016, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement — concealment. In the case entitled Angel Rodriguez v. FCA US LLC, Los Angeles Superior Court Case No. BC620942, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement — concealment. In the case entitled Phillip and Alma Smith v. FCA US LLC, Riverside Superior Court Case No. RIC 1608462, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement — concealment. In the case entitled Angel Rodriguez v. FCA US LLC, Los Angeles Superior Court Case No. BC620942, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement — concealment. In the case entitled Marisa and Mathew Jordan v. FCA US LLC, Alameda County Superior Court Case No. RG16820118, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement —- concealment. In the case entitled Dominic Teran v. FCA US LLC, Tulare County Superior Court Case No. 265860, the jury returned a verdict in favor of FCA US on the issue of fraudulent inducement — concealment. In the case entitled Linda Adams v. FCA US LLC, U.S. District Court for the Central District of California, case no. 2:16-cv-04317-JFW-MRW, Judge John Walter granted summary judgment as to all of Plaintiffs causes of action, including her cause of action for fraudulent inducement, concealment, In the case entitled Leon Dienes v. FCA US LLC, U.S. District Court for the Southern District of California, Case No. 3:16-cv-01812-AJB-BGS, Judge Anthony Battaglia granted summary judgment as to Plaintiff's cause of action for fraudulent inducement, concealment and Plaintiff's claims for punitive damages and a civil penalty. 4B10-8413-2712.1ony Dn wn FF WN I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed on the 1st day of February, 2019 in San Francisco, California. Mb fa Stephen T. Grimsrud. 4810-8413-2712.1PROOF OF SERVICE CASE NAME: Jermaine Horton vs. FCA US LLC, et al. COURT: San Francisco Superior Court CASENO.: CGC-16-551448 I, the undersigned, certify that I am employed in the City and County of Los Angeles, CA; [ am over the age of 18-years and not a party to this action; my business address is 333 S. Hope Street, 40" Floor, Los Angeles, CA 90071. On February 5, 2019, I served the following document(s): DECLARATION OF STEPHEN T, GRIMSRUD IN SUPPORT OF DEFENDANT FCA US LLC’S SUPPLEMENTAL REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION on the parties stated below, through their attorneys of record, by placing true copies thereof in sealed envelopes addressed as shown below by the following means of service: XX_: By Overnight Courier — I caused each such envelope to be given to an overnight mail service at my business address, to be hand delivered to the office of the addressee on the next business day. Steve Mikhov, Esq. Attorneys for Plaintiff Knight Law Group LLP 10250 Constellation Blvd., Suite 2500 7 Los Angeles, CA 90067 Blaser: stevem@knightlaw.com 7 pes Richard M. Wirtz, Esq. Attorneys for Plaintiff Amy Smith, Esq. WIRTZ LAW APC . 4370 La Jolla Drive, Ste. 800 Rh ae So soe San Diego, CA 92122 7 re I declare under penalty of perjury that the foregoing is true and correct. Executed on February 5, 2019, in Los Angeles, California. Kimberly Taylor Kimberly Taylor