Joanne Anderson, Terri Hill, Jerome Jeffries v. Hyundai Motor Co. Ltd., Hyundai Motor America
Published: Aug. 16, 2014 | Result Date: Jul. 24, 2014 | Filing Date: Jan. 1, 1900 |Case number: 8:13-cv-01842-DMG-RNB Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Steve W. Berman
(Hagens, Berman, Sobol & Shapiro LLP)
Defendant
Ekwan E. Rhow
(Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C.)
Facts
Joanne Anderson, Terri Hill and Jerome Jeffries sued Hyundai Motor Co. Ltd., Hyundai Motor America, concerning the Hyundai Tiburon.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they each purchased a Tiburon based, in part, on Hyundai's representations regarding the safety and effectiveness of its side air bags. However, plaintiffs contended that the placement of the side impact sensor actually resulted in a "weak signal" which, in turn, greatly reduced the likelihood of deployment or timely deployment of the side air bags. Plaintiffs asserted causes of action for violation of California's Consumer Legal Remedies Act, violation of California's Unfair Competition Law, breach of implied warranty of habitability, and fraudulent concealment. Plaintiffs contended that they suffered an economic loss from purchasing their respective Tiburons, which Hyundai marketed as safe, but were, in fact, unreasonably unsafe.
DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss the complaint for failure to state a claim. Defendants alleged that plaintiffs lacked standing to bring the lawsuit because none of them have suffered an injury.
Result
The court granted defendant's motion to dismiss because plaintiffs failed to demonstrate that they had standing to assert their claims.
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