Facts

Plaintiff Adrian Pop filed a suit against Toyota Motor Sales USA Inc., based on the dealerships' alleged inability to fix alleged problems with a 2011 Lexus LX 570 plaintiff leased from Tustin Lexus.

Toyota Motor Sales is the sales, marketing, and distribution subsidiary that oversee the sales of Lexus products through its dealerships.

PLAINTIFF'S CONTENTIONS:
Plaintiff purchased the Lexus on Nov. 6, 2010 for $83,182. Two weeks later, plaintiff contended he began experiencing problems with the air conditioning system, which would randomly blow hot air from the rear vents. He then began experiencing problems with the cooling system in the seats. Additional problems with the heating system in the seats followed. Plaintiff then alleged that the fuel gauge and low fuel light would act erratically and not accurately reflect the amount of fuel in the tank. The vehicle was taken to Lexus dealerships on no less than 11 occasions for these concerns. The dealerships were unable to find any problems with the air conditioning, seat cooling or fuel system. Components of the passenger seat heating system were replaced on two occasions.

Plaintiff's wife, Rebecca, who primarily drove the subject vehicle, testified she was fearful that the vehicle would run out of gas due to the erratic operation of the fuel gauge and leave her and her children stranded. Plaintiff claimed the air conditioning in the rear of the vehicle would allegedly blow hot air on the children causing them to experience severe discomfort and dehydration. Plaintiff alleged that the defects constituted a substantial impairment of the use, value and safety of the vehicle.

On Aug. 17, 2012, plaintiff requested that Lexus repurchase his vehicle based on the dealerships' inability to fix the Lexus' alleged problems. Lexus denied the claim. Plaintiff asserted causes of action for violations of the Song-Beverly Consumer Warranty Act.

DEFENDANT'S CONTENTIONS:
Defendant acknowledged that plaintiff had brought the vehicle in on numerous occasions complaining of problems with the fuel system, air conditioning and seat cooling/heating. The passenger seat heater had been the subject of two repairs, but defendant alleged that the problem had been fixed.

Defendant claimed that the fuel system was only the subject of one repair and that the system was performing normally. Furthermore, defendant contended it failed to find any problem with the air conditioning system, and did not find problems with the seat cooling system and no repairs were performed.

Defendant claimed there was not a defect that substantially impaired the use, value, or safety of the vehicle. Defendant argued that plaintiff was not entitled to a repurchase under the Lemon Law. Furthermore, defendant denied that it had willfully violated the Lemon Law, entitling plaintiff to a civil penalty.

Settlement Discussions

On Jan. 30, 2014, plaintiff reiterated the repurchase demand and increased the attorney fee claim to $51,895. There were no offers from defendant.

Damages

Plaintiff sought to have Lexus repurchase the vehicle for $104,197 and damages, including restitution in the amount of $76,082, and a civil penalty in the amount of $10,000. Plaintiff also sought $22,425 in attorney fees and costs.

Result

Defense verdict.

Other Information

Defendant has filed a cost bill for $16,410. FILING DATE: Oct. 10, 2012.

Deliberation

40 minutes

Poll

10-2

Length

eight days