Toyota Seeks Dismissal of Amended Camry HVAC Defect Class Action

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Toyota Motor Sales USA Inc. has filed a motion to dismiss an amended class action lawsuit over an alleged Toyota Camry HVAC defect that causes a foul odor.

In its motion to dismiss the Toyota Camry class action lawsuit, the auto maker claims that the plaintiffs’ amended complaint “includes no new facts demonstrating why monetary damages would be inadequate to address any purported injuries, e.g., alleged economic injuries concerning their vehicles and the out-of-pocket expenses incurred by unidentified class members.”

According to court documents, Toyota seeks to dismiss the plaintiffs’ claims for equitable relief under California’s Consumer Legal Remedies Act, California’s Unfair Competition Law and statutory breach of implied warranty claims under the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.

Toyota argues that the Camry class action lawsuit should be dismissed with prejudice because the plaintiffs will not be able to establish the adequacy of a legal remedy filing a third amended complaint.

The Toyota Camry HVAC defect class action lawsuit was initially filed in November 2015 by plaintiffs Alfred Salas and Gloria Ortega. They allege that, since 1997, Toyota has known about a defect in the heating, ventilation and air conditioning (HVAC) system in its Camry XV50 vehicles that can potentially cause mold and foul odors.

Despite being aware of the smelly HVAC system defect, Toyota has not fixed the issue or notified consumers about the alleged defect, according to the Camry class action lawsuit. Salas and Ortega claim that Toyota knew about the defect as well as the risks to health and safety that are associated with exposure to mold.

The plaintiffs pointed to numerous technical service bulletins that referenced the alleged Camry HVAC defect, stating that microbial growth in the evaporator could cause the vehicles to develop a musty smell.

The Toyota class action lawsuit also pointed to a 2005 Camry repair manual that indicated that air conditioning system odors were a common complaint from Camry owners and that there was “no permanent mechanical repair” for the issue.

By filing the Toyota Camry HVAC defect class action lawsuit, Salas and Ortega sought to represent a Class of consumers who purchased Toyota Camry models 2011 through the present.

In February, Toyota filed a motion to dismiss the original Camry HVAC defect class action lawsuit. The case survived the dismissal motion, but several claims were trimmed in September.

The plaintiffs subsequently filed the amended complaint to provide additional information supporting their claims for monetary damages as requested by the judge.

According to the court documents, a hearing for the Toyota Camry HVAC defect class action lawsuit has been scheduled for Dec. 1.

The plaintiffs 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 USA Inc., et al., Case No. 2:15-cv-08629, in the U.S. District Court for the Central District of California.

UPDATE: On March 27, 2019, a federal judge certified a Class of Toyota Camry owners who may have dealt with defective HVAC systems.