Mossy Toyota Moves to Compel Arbitration in Double Dipping Lawsuit
On December 28, 2011, Mossy Toyota filed a motion to compel arbitration in the lawsuit Massaro v. Toyota Motor Sales, U.S.A., Inc., et al. (San Diego County Superior Court Case No. 37-2011-00099236). Mossy Toyota is a popular San Diego, California Toyota dealership. The plaintiff resides in San Diego and is represented by the Vachon Law Firm.
The lawsuit’s complaint alleges that Mossy Toyota has an illegal practice of double charging San Diego County consumers for certain items in vehicle leases. Further, it names Toyota Motor Sales, U.S.A., Inc. (hereafter “Toyota”) as a co-defendant and alleges that Toyota violated California’s lemon law.
Click here for a copy of the lawsuit’s complaint.
Arbitration is Generally Unfair to Consumers in Lemon Law and Auto Fraud Cases
Mossy Toyota’s motion to compel arbitration argues that a clause in the plaintiff’s lease deprives him of right to pursue his legal claims in court, that he must instead arbitrate his claims against Mossy Toyota. Arbitration is form of private litigation, in which the dispute is settled by an arbitrator (a private citizen hired by the parties), instead of by a judge and jury. Arbitration is generally an inferior forum for consumers because it permits less discovery, thereby making it more difficult for a consumer to prove his or her claims.
The plaintiff in the Mossy Toyota lawsuit intends to oppose the motion to compel arbitration.