Waters v. Toyota Motor Sales, USA, Inc. and Dublin Toyota, et al.
On August 10, 2012, the Vachon Law Firm filed a lawsuit against the new car dealership Dublin Toyota alleging that the Alameda County Toyota dealer sold the Plaintiff (a Tracy, California consumer) a 2012 Toyota Tacoma with a life-threatening defect that causes the automobile’s steering to lock up while it is being driven. The lawsuit also names Toyota Motor Sales, USA, Inc. (the company that issued the warranty for the Toyota Tacoma) as a co-defendant. The case is titled Waters v. Toyota Motor Sales, Inc., et al. (Alameda County Superior Court Case No. HG12643407).
Click here to read a copy of the complaint in the Waters v. Toyota Motor Sales and Dublin Toyota lawsuit.
Complaint Against Dublin Toyota
The Plaintiff’s complaint against Dublin Toyota alleges that she visited Dublin Toyota in January, 2012, where she purchased a brand new 2012 Toyota Tacoma. The complaint alleges that the Tacoma was sold with Toyota’s express warranty as well as Dublin Toyota’s implied warranty of merchantability. It goes on to allege that the Toyota Tacoma developed a dangerous defect that causes the steering and/braking systems to malfunction.
Plaintiff’s attorney asserts in the complaint that she took the Toyota Tacoma back to Dublin Toyota on multiple occasions to ask the dealer (and Toyota) to fix the braking and steering problems – but Dublin Toyota and Toyota were either unable or unwilling to properly diagnose and repair the defect.
Ms. Waters’s lawyer argues in the complaint that Dublin Toyota breached the implied warranty of merchantability imposed under California’s lemon law by virtue of the fact that the Toyota Tacoma does not provide reliable safe transportation.
Click here if you would like to read the Waters v. Dublin Toyota complaint.
Lemon Law Allegations Against Toyota Motor Sales, USA, Inc.
Plaintiff’s complaint also includes a conventional California lemon law violation against Toyota. Specifically, it alleges that Toyota is obligated to repurchase the Toyota Tacoma because it was unable to repair its malfunctions within a reasonable number of attempts. It also seeks a civil penalty against Toyota based on the allegations that Toyota willfully violated the California lemon law’s requirements.
Please note: the Alameda County Superior Court has not yet ruled on whether or not the allegations in the Waters v. Toyota Motor Sales, USA, Inc. and Dublin Toyota complaint are true, or whether the defendants did anything illegal. Dublin Toyota and Toyota Motor Sales are likely to deny all wrongdoing when they answer the complaint.