Orozco v. Power Toyota Cerritos

CONSUMER LAW

Song-Beverly Consumer Warranty Act

 ATTORNEYS:

Plaintiff, Salvador Orozco

Lawrence Hutchins, Esq. (Law Offices of Lawrence Hutchins – Bellflower, CA)

 Defendant, Power Toyota Cerritos

Elizabeth L. Kolar, Esq. (Kolar & Associates – Santa Ana, CA)

 Defendant, Toyota Motor Sales, U.S.A., Inc.

Sean D. Beatty, Esq. (Beatty & Myers – Long Beach, CA)

 FACTS:

On August 25, 2007, Plaintiff purchased a 2008 Toyota Scion from Power Toyota Cerritos.  In December 2007, Plaintiff took the vehicle to Power Toyota Cerritos with reports of electrical issues. 

 In March of 2008, Plaintiff had Pro Window Tinting/Car Audio install aftermarket radio equipment into the vehicle.  On March 21, 2009, Plaintiff reported a “burning” smell at 18,085 miles.  The dealership could not duplicate the concern. 

 In June 2008, Plaintiff was driving the vehicle on the freeway when the vehicle caught on fire.  Toyota of Cerritos tendered to TMS.  TMS denied the tender and Toyota of Cerritos filed a Cross Complaint against TMS.  On the eve of trial, Plaintiff settled his suit for a buy back and attorneys’ fees against TMS.  Plaintiff dismissed his suit against Toyota of Cerritos for a waiver of costs.  Toyota of Cerritos pursued its indemnity Cross Complaint against TMS and prevailed and recovered all of its attorney’s fees from TMS for wrongfully refusing to accept the tender.

 COURT TRIAL:

Verdict for Toyota of Cerritos