Facts

Ira Tarlov repeatedly complained of transmission problems with his Lexus GS300 to the Keyes Lexus dealership in Los Angeles. The satellite radio, navigation, and Bluetooth voice recognition systems also started to malfunction, but no dealership could fix them. Tarlov sued Toyota Motor Sales (TSM) after it declined to repurchase the vehicle. He also sued Keyes Lexus, alleging violations of the Song-Beverly Consumer Warranty and Magnusson-Moss Warranty Acts.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended he was entitled to repurchase of the vehicle because the GS300's consistent transmission, navigation, and phone systems problems were substantial non-conformities.

DEFENDANTS' CONTENTIONS:
The defendants contended the dealership repaired the vehicle after plaintiff's first complaint and that plaintiff was not entitled to recover under the Song-Beverly or Magnusson-Moss Warranty Acts.

Damages

Up to trial, the plaintiff sought $50,122.35 for repurchase of the vehicle, plus $12,500 in attorney fees.

Result

At trial, the defendants rejected plaintiff's proposal to dismiss the case in exchange for a waiver if costs. The plaintiff then dismissed the case with prejudice.