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
Drew R. Hansen
(Theodora Oringher PC)
Defendant
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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