Toyota Wants ‘Moldy Odor’ Class Action Lawsuit Dismissed

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Toyota filed a motion to dismiss a proposed class action lawsuit against the company, arguing that the plaintiffs in the case can’t demonstrate how their vehicle is worth less based on an alleged defect that promotes mold growth.

Plaintiffs Alfred Salas and Gloria Ortega filed the lawsuit against Toyota Motor Sales USA Inc. in November 2015 alleging the car manufacturer knew about defects in the HVAC (heating, ventilation and air conditioning) system in Toyota Camry model vehicles, yet failed to fix the problem or notify consumers of the manufacturing defect. Last week, the plaintiffs responded to Toyota’s first motion to dismiss, arguing that Toyota has downplayed the safety risks alleged.

In response, Toyota said the plaintiffs have continued to fail to demonstrate how they were harmed, or that the defect even existed.

According to the complaint, “the crux of plaintiffs’ theory is that an alleged, as yet unidentified, design defect with the evaporator constitutes a safety defect because it creates an environment ‘favorable to the growth of mold and other contaminants.’ Plaintiffs do not allege or argue, however, that they have personally suffered any physical injury caused by the alleged defect.”

Salas and Ortega claimed in their original lawsuit that moisture condensation of the vehicles’ evaporators combines with pollen, dead insects and bits of leaves, causing mold to form and emit “noxious and foul odors.” They say the company has known about the defect since 1997, but despite attempts to fix it, has not been successful in finding a permanent solution.

Toyota said in their motion last Thursday that the plaintiffs essentially did themselves a disservice by referring to the multidistrict litigation against Toyota regarding the unintended acceleration defect that was unrelated to their own claim. Toyota noted that the plaintiffs used the other Toyota case to support their claims, “but the outcome in that case actually supports TMS’s argument that Plaintiffs have not pleaded an injury in fact.”

Toyota further claimed that the plaintiffs failed to provide any concrete evidence to support their allegations that the mold smell in the vehicles presented an unreasonable risk to safety, or that Toyota had a duty to disclose the alleged defect to consumers.

Despite the plaintiffs’ reference to consumer complaints, technical service bulletins about the HVAC odor and a 2005 training manual, Toyota maintains that these are not enough to provide convincing evidence, saying “Plaintiffs have not pointed to any sources from which it may be inferred that TMS had pre-sale knowledge of an alleged defect with the design of that evaporator that may cause mold growth and health risks.”

Salas and Ortega are represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, and Cody R. Padgett of Capstone Law APC.

The Toyota Camry HVAC Defect Class Action Lawsuit is Alfred Salas, et al., v. Toyota Motor Sales U.S.A. Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.

UPDATE: On Sept. 27, 2016, most of the claims in a Toyota Camry class action lawsuit alleging an air conditioning defect survived a motion for dismissal.

UPDATE 2: On Nov. 3, 2016, Toyota Motor Sales USA Inc. filed amotion to dismissan amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.UPDATE 3: On March 27, 2019, a federal judgecertified a Class of Toyota Camry ownerswho may have dealt with defective HVAC systems.