Facts

On June 14, 2015, plaintiff Crystal Rodriguez purchased a 2016 Mazda 6 from Cardinale Way Mazda in Corona. Over the next two and a half years, plaintiff took the vehicle in six times for multiple concerns, including shaking during braking, a bucking sensation when driving, radio static, repeated activation of the tire pressure monitoring light, steering wheel vibration, vehicle moving sideways in traffic lane, brake pedal going to the floor, non-responsive touchscreen, and touchscreen going blank. During this time, the vehicle was out of service for 22 days. The dealership replaced a mass airflow sensor, all of the brake rotors and pads, rear brake calipers, and the radio antenna.

In October 2017, plaintiff contacted Mazda and requested that her vehicle be repurchased or replaced. Mazda declined the demand, and plaintiff hired a lawyer who made another demand for repurchase in November 2017. Again, Mazda declined to repurchase the vehicle.

On April 12, 2018, plaintiff filed a complaint against Mazda for breach of express and implied warranties under the Song Beverly Consumer Warranty Act. Plaintiff sought a repurchase of the vehicle, restitution in the amount of $29,956.00, and a civil penalty in the amount of $59,912.00.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the subject vehicle suffered from defects which substantially impaired the use, value and safety of the vehicle. The vehicle had been the subject of multiple repair visits, and plaintiff claimed that the defects had not been repaired and continued to impair the vehicle. This included defects with the brakes, transmission and Infotainment system (radio static, non-responsive touchscreen, and touchscreen going blank). Plaintiff claimed she was unable to use the vehicle as intended, including enjoying use of the Infotainment system. She also claimed that the value of the vehicle had been substantially diminished, and that the Infotainment system needed to be replaced at a cost of $1,500. Finally, plaintiff said that the defects with the vehicle distracted her and prevented her from driving the vehicle safely. Her expert opined that driving the vehicle was like playing with death, and that plaintiff was lucky she had not been killed.

Plaintiff contended that the defendant's failure to correct the defects in the vehicle entitled her to a repurchase with full restitution. In addition, plaintiff claimed that defendant willfully violated the Song Beverly Consumer Warrant Act by twice denying plaintiff's pre-litigation request for repurchase, thereby entitling her to a civil penalty.

DEFENDANT'S CONTENTIONS: Defendant acknowledged that the vehicle suffered from a defective mass airflow sensor, which was repaired in one visit. The problems with radio static were the subject of five different repair visits, and the dealer claimed that replacement of the radio antenna resolved that issue. With regard to the brake complaints, defendant contended that replacement of the brake components, including the pads, rotors and rear calipers, resolved any brake concerns. Defendant claimed that the dealer was never able to duplicate plaintiff's concerns about, the transmission, a non-responsive touchscreen, the touchscreen going blank, or steering issues.

Defendant contended that it had conformed the vehicle to the terms of the warranty within a reasonable number of repair opportunities, and disputed plaintiff's claim that she was entitled to a repurchase of the vehicle. Defendant further contended that its denial of plaintiff's two pre-litigation repurchase demands was appropriate, and that it had not willfully violated the Song Beverly Consumer Warrant Act. Defendant disputed that plaintiff was entitled to a civil penalty.

Settlement Discussions

On April 16, 2020, defendant served a CCP Section 998 Offer to Compromise in the amount of $10,001. Subsequent thereto, plaintiff demanded $199,000, comprised of restitution of $30,000, a civil penalty of $60,000, and attorney's fees/costs of $139,000.

Result

Defense verdict.

Other Information

Plaintiff's claims for breach of implied warranty and a civil penalty were dismissed by the court when defendant moved for nonsuit at the conclusion of plaintiff's case in chief. The defendant is seeking to recover costs in the amount of approximately $19,236.

Deliberation

1.5 hours

Length

eight days