A couple has filed a lawsuit against a major automobile manufacturer, alleging multiple violations of consumer protection laws. On September 6, 2024, Erika Allen and Joel Allen submitted their complaint to the Ventura Superior Court against Toyota Motor Sales, U.S.A., Inc.
The plaintiffs, Erika and Joel Allen, residents of California, purchased a 2020 Lexus GX 460 on August 30, 2020. They allege that the vehicle developed several defects during the warranty period that substantially impaired its use, safety, and value. The defects cited include issues with the body system, powertrain system, safety system, electrical system, braking system, and noise system. Despite numerous attempts to have these issues resolved by Toyota Motor Sales (TMS), the plaintiffs claim that TMS failed to repair the vehicle within a reasonable number of attempts or in a timely manner as required by law.
According to the complaint, the Allens were provided with an express written warranty by TMS at the time of purchase. This warranty assured them that any defects would be repaired if they occurred within a specified period. However, after taking possession of the vehicle and encountering various defects during the warranty period, they found that TMS was unable or unwilling to make the necessary repairs. The plaintiffs argue that this failure constitutes a breach of both express and implied warranties under California's Song-Beverly Consumer Warranty Act (CA Civil Code §§ 1790-1795.8).
The plaintiffs are seeking several forms of relief from the court. They demand actual damages exceeding $25,000 for incidental and consequential damages caused by TMS's failure to honor its warranties. Additionally, they seek restitution for their financial losses and civil penalties amounting to twice their actual damages due to what they describe as willful non-compliance by TMS with its legal obligations. The Allens also request compensation for costs associated with filing the suit and reasonable attorney fees.
The case is being handled by attorneys Eli E. Kim and Matt Xie from Downtown L.A. Law Group on behalf of Erika and Joel Allen. The complaint has been assigned Case No.: 2024CUPL029987 in Ventura Superior Court.