Eric Carmona, a California resident, has filed a lawsuit against Toyota Motor Sales, U.S.A., Inc. (TMS) for allegedly violating statutory obligations under the Song-Beverly Consumer Warranty Act. The complaint was filed on October 8, 2024, in the Superior Court of California for the County of Santa Clara. Carmona claims that TMS failed to honor both express and implied warranties related to his recently purchased vehicle.
According to the complaint, Eric Carmona purchased a 2024 Toyota Grand Highlander on December 15, 2023. He alleges that the vehicle came with several defects affecting its body system, powertrain system, safety system, electrical system, braking system, and noise system. These defects reportedly impair the vehicle's use, safety, and value. Despite multiple attempts to have these issues resolved under warranty by TMS or authorized repair shops, Carmona asserts that the problems persist.
Carmona's lawsuit outlines multiple causes of action against TMS. The first cause accuses TMS of failing to replace or make restitution for the defective vehicle after a reasonable number of repair attempts as required by Civil Code section 1793.2(d). The second cause claims that TMS did not commence repairs within a reasonable time frame or complete them within 30 days as mandated by Civil Code section 1793.2(b). Additionally, Carmona argues that TMS did not provide sufficient service literature and replacement parts to repair shops during the warranty period in violation of Civil Code section 1793.2(a)(3).
The complaint further alleges breaches of express written warranty and implied warranty of merchantability under Civil Code sections 1791.2(a) and 1791.1 respectively. Carmona seeks actual damages exceeding $25,000 along with civil penalties amounting to twice his actual damages due to what he describes as willful non-compliance by TMS with their legal obligations.
In his prayer for relief, Carmona requests restitution for his purchase along with consequential and incidental damages resulting from TMS's alleged failures. He also seeks coverage for attorney fees and court costs pursuant to Civil Code section 1794(d), as well as prejudgment interest at the legal rate.
Representing Eric Carmona are attorneys Eleazar D. Kim and Matt Xie from Downtown L.A. Law Group based in Los Angeles. The case is identified by Case No.: 24CV449067 and is presided over by Judge Y. Chavez in Santa Clara County Superior Court.