LOS ANGELES – Consumers have filed a class-action lawsuit against Toyota Motor Sales U.S.A. Inc. over allegations that certain models of its Toyota and Lexus vehicles have a defective heating, ventilation and air conditioning system.
Paul Stockinger, Elizabeth Stockinger, Gailyn Kennedy, Basudeb Dey, Brenda Flinn and Eliezer Casper filed a complaint on behalf of all others similarly situated on Jan. 3 in the U.S. District Court for the Central District of California against Toyota Motor Sales U.S.A. Inc. alleging breach of implied warranty, breach of warranty, fraud and unjust enrichment.
According to the complaint, the plaintiffs allege that their vehicles' defective HVAC system emits a noxious and foul odor when in use. The suit states the odor is caused by microbes, such as mold, growing on the evaporator surface and there is no permanent mechanical repair. The plaintiffs holds Toyota Motor Sales U.S.A. Inc. responsible because the defendant allegedly failed disclose to its customers the defective HVAC systems in their vehicles.
The plaintiffs request a trial by jury and seek enjoin the defendant, injunctive relief, restitution, disgorgement, punitive damages, statutory damages, treble damages, exemplary damages, compensatory damages, all legal fees plus interest and any other relief as the court deems just. They are represented by Paul R. Kiesel, Helen E. Zukin, Jeffrey A. Koncius and Nicole Ramirez of Kiesel Law LLP in Beverly Hills.
U.S. District Court for the Central District of California Case number 2:17-cv-00035-VAP-KS