Facts

Plaintiff Todd Brown purchased a 2004 Toyota 4Runner from Toyota of El Cajon on May 18, 2008. The vehicle was purchased as a Toyota Certified Used Vehicle, which included a 160-point inspection and additional comprehensive and powertrain warranties.

Immediately after purchasing the vehicle, plaintiff began experiencing problems with his brakes, including constant noises. He returned to the dealer 11 days after purchase, but the dealer's efforts to fix the brake problems were allegedly unsuccessful. Brown returned three more times over the next three months with continued complaints about the brakes. The dealer performed various repairs, including cleaning the brakes and resurfacing the rotors. However, Brown claimed that these efforts were unsuccessful.

In January 2009, Brown asked Toyota of El Cajon and Toyota Motor Sales U.S.A., Inc. ("TMS") to repurchase the vehicle. TMS refused to repurchase the vehicle.

Plaintiff filed a lawsuit against TMS and Toyota of El Cajon for violations of the Car Buyers Bill of Rights, the Consumer Legal Remedies Act, breach of contract, negligence, unjust enrichment and the Song-Beverly Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that TMS' certified used vehicle program misrepresented the quality of TMS' certified used vehicles. Plaintiff also claimed that TMS failed to properly administer and supervise the program.

Plaintiff claimed that Toyota of El Cajon failed to properly inspect the vehicle. He also claimed that the vehicle did not meet TMS' certification standards. Specifically, he alleged that the vehicle had been in an accident, had sustained frame damage, and had defective brakes.

Finally, Brown claimed that TMS and Toyota of El Cajon failed to conform the vehicle to the terms of the warranty after a reasonable number of repair opportunities.

DEFENDANTS' CONTENTIONS:
TMS disputed plaintiff's claim that its certified used vehicle program misrepresented the quality of the vehicles and disputed plaintiff's claims that the program was improperly administered and supervised. TMS offered evidence that its certified used vehicle program was very comprehensive and resulted in used cars of the highest quality.

Toyota of El Cajon acknowledged that the subject vehicle had been in an accident, but disputed plaintiff's claim that the vehicle had sustained frame damage. The dealer claimed that the vehicle met all Toyota certification standards and that the 160 point inspection had been properly performed. This included an inspection of the brake system, which Toyota of El Cajon said was not defective and also conformed to certification standards.

Both defendants disputed plaintiff's claim that they had failed to conform the vehicle to the terms of the warranty. Moreover, the defendants claimed that the vehicle did not have a condition that substantially impaired its use, value or safety, citing the fact that plaintiff was driving the vehicle almost 20,000 miles a year.

Settlement Discussions

On Oct. 2, 2009, plaintiff demanded a repurchase plus attorney's fees and costs of $6,000. A global cash offer of $5,000 was made by TMS and K Motors Inc. dba Toyota of El Cajon. On the day of trial, plaintiff demanded $50,000 from both defendants, with plaintiff keeping the vehicle. After opening statements, plaintiff reduced his demand to $15,000, which was rejected.

Result

The jury returned a verdict for the defense.

Other Information

FILING DATE: March 19, 2009.

Deliberation

three hours

Poll

12-0 (express warranty), 9-3 (implied warranty) claim.

Length

seven days