Facts

Plaintiff Kimberley Kramer purchased a 2004 Lexus SC430 from Lexus of Riverside on June 24, 2004. The plaintiff delivered the subject vehicle to authorized Lexus repair facilities on seven occasions prior to filing the lawsuit. On Nov. 18, 2005, the third repair visit, the vehicle had 10,495 miles on the odometer. The plaintiff complained of a front-end squeak. At that time, Tustin Lexus determined that the noise was coming from a location where the firewall and left front apron meet. The vehicle was sent to Anaheim Hills Body Shop where the entire seam was welded. It was unknown how many spot welds were needed or were missing.

Thereafter, the plaintiff complained that the vehicle was pulling to the right when braking. Authorized Lexus repair facilities determined that there was no abnormal pulling with the subject vehicle and that any pull the plaintiff was noticing was due to either improper tire pressure or road crown.

On March 14, 2007, the plaintiff filed against Toyota Motor Sales, U.S.A., Inc. claiming violation of the Song-Beverly Consumer Warranty Act.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the subject vehicle was defectively manufactured in that there were improper welds, or missing welds, performed to the front portion of the vehicle; that the vehicle was out of alignment, making front end creaking-type noises and had an abnormal pull. Plaintiff's expert determined the chassis was not square and had movement.

DEFENDANT'S CONTENTIONS:
The defendant contended at time of trial that the subject vehicle had no non-conformities that substantially impaired plaintiff's use, value or safety of the subject vehicle. Defendant admitted the vehicle had been improperly welded in the subject area.

The defendant argued that the plaintiff had been using her vehicle on a regular basis and that the welds performed were simply for a noise issue; that at no time was there any structural defects or problems with the subject vehicle. In addition, the defendant argued that plaintiff's claim of an abnormal pull was related to either low tire pressure or road crown, and that the alignment of the vehicle was within the appropriate specifications.

Settlement Discussions

The plaintiff demanded a full repurchase of the subject vehicle, in excess of $65,000. Toyota Motor Sales, U.S.A., Inc. made a C.C.P. section 998 offer in the amount of $5,000.

Damages

The plaintiff sought the purchase price of the subject vehicle, in excess of $65,300, and a civil penalty in an unstated amount. In the alternative, plaintiff asked for diminution in value damages based on breach of implied warranty.

Result

Defense verdict.

Other Information

Toyota Motor Sales, U.S.A. Inc. was self-insured for this loss.

Deliberation

two hours

Poll

12-0

Length

seven days