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Consumer Law
Breach of Warranty
Unfair Business Competition

Lupe Zavala, et al. v. Takata Corp., et al.

Published: Feb. 14, 2009 | Result Date: Jan. 29, 2009 | Filing Date: Jan. 1, 1900 |

Case number: BC277327 Bench Decision –  Defense (tentative)

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert M.N. Palmer

Daniel J. Shih

Drew R. Hansen
(Theodora Oringher PC)

G. James Strenio


Defendant

Matthew S. Steinberg

Michael H. Carpenter

David R. Kelly

Laurence L. Hummer

Mark V. Berry
(Bowman and Brooke LLP)


Facts

Plaintiff Lupe Zavala filed a class action suit against defendant Takata Corp. and defendant SGS U.S. Testing Company, Inc. under California's Unfair Competition Law.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant failed to test its TK-52 seat belt buckle, which could pop open in a crash. By allegedly representing that the buckles had been tested, defendants misled consumers.

Damages

The plaintiff sought a range of $6.2 million to $31.7 million.

Result

After a three-week trial, Judge Maureen Duff-Lewis tentatively held that the evidence failed to meet California's requirements for a consumer class action under Proposition 64, which required plaintiffs to show an actual injury occurred as a result of the defendant's alleged unfair competition or false advertising. The judge found the TK-52 complied with federal standards, was not prone to "partial engagement," and had been properly tested.


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