This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Contracts
Song-Beverly Act
Lemon Law

Robert Tolich v. Toyota Motor Sales U.S.A. Inc.

Published: Oct. 26, 2000 | Result Date: Jun. 19, 2000 |

Case number: BC206530 Verdict –  $0

Judge

Paul Boland

Court

L.A. Superior Central


Attorneys

Plaintiff

Michael S. Humphries


Defendant

Brian Takahashi
(Bowman and Brooke LLP)


Facts

On March 17, 1997, the plaintiff purchased a 1997 Toyota Camry from defendant Valley-Hi Toyota. In October
1998, the plaintiff started experiencing squeaks in the front end of the vehicle while going over bumps and
dips. Over the course of the next 12 months, he brought his vehicle into the dealership for repairs and
inspections by factory representatives on 10 occasions.
The plaintiff sued for restitution under the Song-Beverly Act.
Defendant Valley-Hi Toyota claimed that the squeaks were de minimis, that the vehicle had been properly
repaired and that the use value and safety of the vehicle had not been substantially impaired.

Settlement Discussions

The plaintiff demanded $44,000, reduced to $34,000 during deliberations, and then increased to $55,000 after denial of defendant's motion for summary judgment. The defendant offered $2,500, increased to $7,500 during deliberations.

Damages

$27,203 (amount paid or payable for vehicle, attorney fees and costs)

Deliberation

30 minutes

Poll

11-1

Length

four days


#126812

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390