Superior Court of California, County of Butte Minute Order Farrara, Brianna N et al vs Volkswagen Group of America, Inc

Location: NC-2; Department 6 - Stephen E. Benson Jordan Howell Courtroom Clerk: Court Interpreter: N/A Sean Conboy, Retained Counsel, present by Kevin Kumar via CourtCall Athena Nguyen, Attorney, present by CW Chase Athena Nguyen, Attorney, present Hearing Type: Hearing Date: Case Management Conference Further Status April 06, 2022 at 10:30 AM Hon.

Stephen E. Benson, Judge Heard by: Court Reporter: N/A Appearances: Volkswagen Group of America, Inc, Defendant, not present Brent Farrara, Plaintiff, not present Brianna Farrara, Plaintiff, not present Proceedings: - The Court indicates the nature of the proceedings.

The Court sets Jury Trial dates.

Calendar Settings: March 17, 2023 9:00 AM Settlement Conference Candela, Michael P Department 8 - Michael P. Candela May 11, 2023 1:30 PM Trial Readiness Conference Benson, Stephen E Department 6 - Stephen E. Benson May 15, 2023 8:00 AM Jury Trial Benson, Stephen E Department 6 - Stephen E. Benson

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Sean P. Conboy, SBN 214487 Kevin Kumar, SBN 315710 SQUIRE PATTON BOGGS, LLP 555 South Flower Street, 31st FLoor, Los Angeles, Califronia

(If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings.

Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11.

Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required.

My business address is 555 South Flower Street, 31st Floor, Los Angeles, California 90071, which is located in the county where any non-personal service described below took place.

: Room: Notice of Intent to Appear by Telephone, by (name): Kevin Y. Jacobson INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11.

Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required.

Under that practice, documents for mailing would be deposited with the US Postal Service on that same day this affidavit is signed with postage fully prepaid at Los Angeles, California in the ordinary course of business.

I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date is more than 1-day after the day of deposit for mailing the affidavit.

Defendant Volkswagen Group of America, Inc. (“Defendant” or “VWGoA”), for itself Defendant Volkswagen Group of America, Inc. ("Defendant" or "VWGoA"), for itself and for no other person or entity, files this general denial pursuant to Code of Civil Procedure and for no other person or entity, files this general denial pursuant to Code of Civil Procedure section 431.30(d) and hereby denies – each and every, all and singular, generally and specifically section 431.30(d) and hereby denies — each and every, all and singular, generally and specifically – the allegations contained in Plaintiffs’ Complaint, and further specifically denies that Plaintiffs — the allegations contained in Plaintiffs' Complaint, and further specifically denies that Plaintiffs have been injured in any way or damaged in any sum or amount whatsoever.

AS AND FOR ITS SEPARATE, DISTINCT, AND AFFIRMATIVE DEFENSES to the AS AND FOR ITS SEPARATE, DISTINCT, AND AFFIRMATIVE DEFENSES to the Complaint on file herein and to each cause of action thereof, this answering Defendant alleges as Complaint on file herein and to each cause of action thereof, this answering Defendant alleges as follows: follows:

The subject Complaint fails to state facts sufficient to constitute a cause of action upon which relief may be granted against this answering Defendant.

otherwise modified by parties, individuals, or entities other than this answering Defendant, and otherwise modified by parties, individuals, or entities other than this answering Defendant, and said modifications, changes, or alterations were a proximate cause of the damages alleged by said modifications, changes, or alterations were a proximate cause of the damages alleged by Plaintiffs, if any there were.

Such misuse, abuse, and failure to follow instructions on the part of Plaintiffs and parties, individuals, and entities other than this answering Defendant, proximately caused or parties, individuals, and entities other than this answering Defendant, proximately caused or contributed to the damages complained of, if any there were.

OCA, and GABRIELA FERNANDEZ, each individually and on behalf of all others similarly situated,

The Parties shall perform their obligations pursuant to the terms of the Agreement and the Order.

Plaintiffs Elisa Montes de Oca and Gabriella Fernandez shall be paid an incentive award of $2,500.00 each in accordance with the terms of the Settlement Agreement.

Class Counsel shall be paid $1,416,790 in attorneys’ fees, and $11,719.12 in costs, minus any settlement administration costs in excess of the Parties’ estimate (Dkt. 54-3 ⁋ 21), and in accordance with the terms of the Settlement Agreement.

This action is dismissed with prejudice, with all parties to bear their own fees and costs except as set forth herein and in the prior orders of the court.

Plaintiffs do not know the true names and capacities, whether corporate, partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under the provisions of section 474 of the California Code of Civil Procedure.

Plaintiffs are entitled under the Song-Beverly Act to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees, reasonably incurred in connection with the commencement and prosecution of this action.

Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable time.

Plaintiffs delivered the subject vehicle to VOLKSWAGEN GROUP OF AMERICA, INC.’s authorized service representatives on multiple occasions.

Defendant’s authorized facilities did not conform the Subject Vehicle to warranty within 30-days and/or commence repairs within a reasonable time and VOLKSWAGEN GROUP OF AMERICA, INC. has failed to tender the subject vehicle back to Plaintiff in conformance with its warranties within the timeframes set forth in Civil Code section 1793.2(b).

(If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings.

Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11.

Total number of pages attached (if any): one I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required.

My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, which is located in the county where any non-personal service described below took place.

Doori C. Song 440111.03614 Proof of Service Los Angeles, California 90071 555 South Flower Street, 31st Floor SQUIRE PATTON BOGGS (US) LLP