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Plaintiffs allege defective vehicle against Toyota Motors

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiffs allege defective vehicle against Toyota Motors

State Court
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In a recent court filing, Abraham Alvarez and Narcy Zatarain have lodged a complaint against Toyota Motor Sales, U.S.A., Inc. The complaint was filed on May 24, 2024, in the Superior Court of California for the County of Santa Clara. The plaintiffs accuse Toyota Motor Sales of violating statutory obligations under the Song-Beverly Consumer Warranty Act.

According to the complaint, Alvarez and Zatarain purchased a 2017 Toyota Tacoma on April 14, 2019. They allege that despite receiving an express written warranty from Toyota Motor Sales, the vehicle developed multiple defects during the warranty period. These defects included issues with the body system, powertrain system, safety system, electrical system, braking system, and noise system. The plaintiffs claim these defects substantially impaired the use, safety, and value of their vehicle.

The plaintiffs argue that they provided Toyota Motor Sales ample opportunity to repair these defects but were met with failure. "Defendant TMS was unable and/or failed to service or repair the Vehicle within a reasonable number of attempts," reads one part of the complaint. As a result of these alleged failures, Alvarez and Zatarain claim they have suffered financial damages.

The lawsuit outlines several causes of action against Toyota Motor Sales. Firstly, it accuses the company of violating subdivision (d) of Civil Code Section 1793.2 by failing to replace or make restitution for the defective vehicle after a reasonable number of repair attempts. Secondly, it alleges that Toyota violated subdivision (b) of Civil Code Section 1793.2 by not commencing repairs within a reasonable time frame or completing them within 30 days. Thirdly, it claims that Toyota failed to provide sufficient service literature and replacement parts to privately owned service shops as required by subdivision (a)(3) of Civil Code Section 1793.2.

Furthermore, Alvarez and Zatarain accuse Toyota Motor Sales of breaching both express written warranties and implied warranties of merchantability under Civil Code Sections 1791.2(a) and 1794 respectively.

The plaintiffs are seeking various forms of relief from the court including actual damages exceeding $25,000, restitution for their financial losses due to these alleged breaches in warranty terms, civil penalties amounting to twice their actual damages as stipulated under Civil Code section 1794(c), consequential and incidental damages incurred due to these issues with their vehicle along with costs associated with this lawsuit such as attorney fees pursuant to Civil Code section 1794(d). Additionally they seek prejudgment interest at legal rates along with any other relief deemed appropriate by court.

Representing Alvarez and Zatarain are attorneys Eleazar D Kim (SBN:297876), Matt Xie (SBN:317942), Nicolas Lee (SBN:316185) from Downtown L.A Law Group located at South Broadway Los Angeles CA . Case ID is registered under number “24CV439812” reviewed by J Nguyen .

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