Facts

Plaintiff Justin Dihn, 35, purchased a new 2006 Toyota Avalon from Toyota of Roseville on Nov. 30, 2005. The purchase price was $30,468.75.

Two days after purchase, on Dec. 2, 2005, Dihn returned to the dealer complaining of the alignment, and claiming that the vehicle pulled to the right. The vehicle was road tested and found to be driving normally.

Not satisfied with the diagnosis, Dihn returned to the dealer three days later on Dec. 5, 2005, claiming that the vehicle continued to pull to the right. A technician confirmed the pulling condition and performed repairs, including aligning the vehicle, cross-rotating the wheels and balancing the tires.

Dihn returned to Toyota of Roseville on Dec. 19, 2005, claiming that the vehicle now pulled to the left and the steering wheel was off center. Further repairs were performed by the dealer, including aligning the car and centering the steering wheel.

Claiming that the problem was still not repaired, Dihn returned to the dealer on Dec. 15, 2005. Dihn claimed that he went on a test drive with a service advisor, who indicated that there was no problem with the car. Dihn further claimed that this service advisor then yelled at him, and told him to go home.

On Dec. 27, 2005, Dinh demanded that Toyota repurchase Dihn's vehicle. Toyota declined to repurchase the vehicle. On Feb. 9, 2006, Dihn filed a lawsuit against Toyota for revocation of acceptance and violations of the Song-Beverly and Magnuson Warranty Acts.

PLAINTIFF'S CONTENTIONS:
Dihn contended that his vehicle suffered from an abnormal pulling condition and that the dealer had been unable to repair the vehicle after a reasonable number of attempts. He claimed that the vehicle was unsafe to drive and that he was no longer driving the vehicle.

Plaintiff's expert testified at trial that the vehicle had a serious alignment problem which caused a significant pull. He also claimed that the center thrust line dimensions of the vehicle were significantly off, causing the vehicle to "dog-leg" when driven. He confirmed plaintiff's claim that the condition constituted a serious safety hazard.

At trial, plaintiff also informed the jury that Toyota had issued two different Technical Service Bulletins specifically addressing abnormal pulling conditions for 2006 Toyota Avalons. He claimed that these Bulletins confirmed Toyota's knowledge of a problem with the alignment in Toyota Avalons and that Toyota failed to perform the repairs outlined in the Bulletins.

As a result of the continuing problems with the vehicle, plaintiff sought a repurchase of his vehicle and treble damages under the Song-Beverly Consumer Warranty Act. He claimed that Toyota willfully violated the Act by failing to repurchase his vehicle when they knew there was a problem with it.

DEFENDANT'S CONTENTIONS:
Toyota claimed that there were never any problems with the alignment of plaintiff's vehicle and no justification for repurchasing the vehicle.

Toyota acknowledged that two Technical Service Bulletins had been issued for alignment conditions associated with the 2006 Toyota Avalon, but claimed that neither of them applied to conditions/repairs associated with the subject vehicle.

Settlement Discussions

Prior to trial, plaintiff demanded $29,000, with plaintiff to retain possession of the subject vehicle. Defendant offered $500. In the middle of trial, plaintiff increased his demand to $95,000, with plaintiff to retain possession of the vehicle. There was no response from the defendant.

Result

At the close of plaintiff's case-in-chief, the court granted defendant's motion for nonsuit of plaintiff's causes of action under the Magnuson-Moss Warranty Act. The jury returned a verdict for the defendant under plaintiff's causes of action for violation of the Song-Beverly Act. The court found for Toyota on plaintiff's cause of action for revocation of acceptance.

Deliberation

25 minutes