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Consumer Law
Unfair Competition
Consumer Legal Remedies

Justin Bauer, on behalf of himself and all others similarly situated v. Toyota Motor Sales Inc. and Does 1-10, inclusive

Published: Feb. 26, 2011 | Result Date: Jul. 15, 2010 | Filing Date: Jan. 1, 1900 |

Case number: BC375017 Settlement –  Extended Warranty

Court

L.A. Superior Central


Attorneys

Plaintiff

Jeffrey L. Fazio
(Fazio Micheletti LLP)

Dina E. Micheletti
(Fazio Micheletti LLP)


Defendant

Kenneth R. Chiate
(Quinn, Emanuel, Urquhart & Sullivan LLP)

Jeffrey A. Boozell

Tom Wallerstein
(Venable LLP)


Facts

An owner of Scion xB vehicle filed a class action against Toyota Motor Sales U.S.A. Inc., alleging that the windshields have a propensity to crack.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff Bauer alleged that the windshields had a propensity to crack in situations that would not normally cause a windshield to crack.

Result

The parties reached a settlement, whereby defendant agreed under certain circumstances to extend the warranty on genuine Toyota windshields to 6 years/60,000 miles for owners and leasees of 2006 model-year Scion xBs. Consumers are entitled to one of the following remedies: (1) reimbursement for the cost of replacing one genuine Toyota windshield during that period (the time to submit reimbursement claims has passed), or (2) one free replacement of a genuine Toyota windshield that cracks within six years/60,000 miles.


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