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Consumer Law
Consumer Protection
Song-Beverly Consumer Warranty Act

Christian Carvalho and Kristal Carvalho v. Toyota Motor Sales U.S.A. Inc.

Published: Apr. 21, 2012 | Result Date: Feb. 7, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 37-2010-00092130-CU-BC-CTL Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Benjeman R. Beck
(Consumer Law Experts PC)


Defendant

Thomas M. Murphy
(Sutton & Murphy)


Experts

Plaintiff

Jackie Winters
(technical)

Defendant

Mark Jakstis
(technical)

James Daher
(technical)

Facts

Christian and Kristal Carvalho purchased a 2008 Toyota Sequoia from Mossy Toyota and began experience significant problems with the vehicle shortly thereafter. The problems included issues with the brakes, parking brake, driver's mirror and side window, and paint discoloration. Several attempts to address the problems failed, and the Carvalhos stopped driving the care for concerns over their safety. The Carvalhos sued Toyota Motor Sales U.S.A. Inc. alleging breach of its obligations under the Song-Beverly and Magnuson-Moss Consumer Warranty Acts.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that several attempts at fixing the problems failed. Plaintiffs further contended that as a result of Toyota's inability to fix the problems with the mirror, window, parking brake, brakes, and paint caused them to stopped driving the vehicle for safety concerns.

DEFENDANT'S CONTENTIONS:
Defendant contended that it properly addressed repaired plaintiffs' issues or was not given a reasonable number of opportunities to resolve the issues.

Damages

The Carvalhos sought repurchase of the vehicle in excess of $54,000, including attorney fees, civil penalties.

Result

The jury rendered a defense verdict.

Deliberation

two hours

Poll

12-0

Length

four days


#96736

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