Facts

Plaintiffs Jesus and Edna Melendrez purchased a new 2007 Toyota Tacoma from Rogers & Rogers Toyota in El Cajon on April 18, 2007. Within two months, plaintiffs alleged they began experiencing problems with the vehicle overheating and the air conditioner not working. Plaintiffs took the vehicle to Rogers & Rogers four times over the next year, complaining of the conditions. The dealer contended that they were unable to find any problems with the vehicle and did not perform any repairs. Plaintiffs claimed that the overheating/air conditioning problems continued.

Plaintiff filed suit against Toyota Motor Sales, U.S.A., Inc. (TMS) for breach of contract, breach of warranty, violation of the Song-Beverly and Magnuson-Moss Acts, and for rescission.

Wachovia Dealer Services Inc. was dismissed on the eve of trial. During trial, plaintiffs dismissed all of their causes of action except for the Song-Beverly Act. At the conclusion of evidence, TMS moved for a directed verdict.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that the subject vehicle suffered from a defect which resulted in a recurring overheating condition which caused the air conditioner to stop working. They claimed that the condition substantially impaired the use and value of the vehicle. They also claimed that the condition posed serious safety concerns, as the El Centro area experiences extremely high temperatures in the summer and the absence of air conditioning can pose serious health risks. As an example, plaintiffs' counsel referred to a recent death that occurred while someone was sitting in line in extremely hot conditions at the Mexicali border crossing.

DEFENDANT'S CONTENTIONS:
Defendant claimed that the subject vehicle was operating as designed and that there was no defect in materials or workmanship. TMS argued that the extreme temperature conditions in the El Centro area can cause a vehicle's engine temperature to rise in stop and go traffic with the air conditioner on. If the engine temperature rises, the vehicle will shut off the air conditioning system to prevent the engine from overheating. TMS contended that the condition that plaintiffs complained of was a normal operation of the vehicle.

TMS also denied that it breached the implied warranty of merchantability, arguing that the Tacoma was fit for ordinary use and that the condition complained of by plaintiffs only occurred under severe conditions.

TMS claimed that there was insufficient evidence for the jury to find that there was a defect in materials or workmanship that would support a breach of the express warranty. TMS also contended that the evidence was uncontroverted that the vehicle was fit for ordinary use and that there was no basis for the jury to find that there was a breach of the implied warranty.

Settlement Discussions

Plaintiffs demanded $35,561 plus attorney fees and costs. Defendant made a CCP 998 offer of $10,000.

Damages

Plaintiffs sought a repurchase of the vehicle, restitution, prejudgment interest, a civil penalty, costs and attorney's fees. They sought relief for both breach of the express and implied warranties.

Result

The court granted the defense's motion for a directed verdict and entered judgment in favor of Toyota Motor Sales.

Other Information

Defendant filed a cost bill in the amount of $3,135.

Length

four days