Mossy Toyota Arbitration Purgatory

Mossy Toyota Arbitration Purgatory

Posted in the San Diego Forum

Since: Mar 10

San Diego, CA

#1 Mar 31, 2013
Flood Car Surfaces at Mossy Toyota – Consumer Suspended in Arbitration Purgatory Over 6 Years

Perz Vs. Mossy Toyota
Superior Court of California – County of San Diego:
Case Number: 37-2007-00066485-CU-BC-CTL

Testified before the California Judiciary Committee. 3/18/13 Judiciary hearing: I was first testimony, see time 1:36:25 & 2:25:15 also.

June 23, 2012
Office of the Executive Secretary,
Consumer Financial Protection Bureau
Washington, DC
Re: Docket No. CFPB-2012-0017: Comments of the National Association of Consumer Advocates and The National Consumer Law Center:(Pages 42-43, 204-252 through 2010 – Timeline P248)

Check out YouTube
&sn s=em

And .

Consumer Reports September 2009: Locked out of the Courts

Beware of binding Arbitration clauses!

San Diego, CA

#2 Sep 27, 2014
Interim Song Beverly Ruling: Dated September 15, 2014

Breach of Express Warranty and Implied Warranty of Merchantability (Song Beverly Act)

Mossy included a limited express warranty (90 days or 3000 miles) for 100% of the parts and labor costs on engine and transmission repair. The panel finds this would include the vibration problem. Mossy made two attempts to repair the vehicle with no success whatsoever and then informed Mossy it could not be repaired and was, at any rate, "normal" for this vehicle. In the event a warranted defect substantially reduces the value, use or safety of a vehicle, the seller must replace or repurchase the vehicle, or otherwise make restitution to the purchaser. This was a vehicle purchased at retail, for Perz' personal use.

Perz made several requests of Mossy to repair the defect, and Mossy agreed to attempt the repair twice. Mossy was given adequate opportunity to repair or replace or make restitution. It was unable to do the first and refused to do the others.

Perz has proven the elements necessary to prevail on this cause of action.

The implied warranty of merchantability requires that the vehicle be fit for its ordinary use, in this case personal transportation to and from work. The only description of the condition of the vehicle is that it was unsafe to drive. Mossy's attempt to "reduce" the vibrations at stops by putting it into neutral corroborates the intensity of the vibrations and the unsafe measures which had to be taken to reduce the vibrations and allow for accurate vision through mirrors and the windshield. No opportunity to repair is required, though several opportunities were given.

Perz has proven the elements necessary to prevail on this cause of action. Under the Song-Beverly Act. The panel is authorized to award double damages on the Song-Beverly causes of action, if Mossy's failure to act was willful, which it was.(Civil Code section 1794(c)). Perz is entitled to an award of fees and costs on the Song-Beverly causes of action (Civil Code section 1794(d)).

Perz is entitled to reasonable attorney's fees and costs.



Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

San Diego Discussions

Title Updated Last By Comments
News 2 Teenagers Stabbed In El Cajon (May '06) 49 min ST punx bear 347
Revenge for Hire 18 hr KAL Veng 1
Review: Delray Surfboard Designs (Sep '15) Oct 25 PJs Cousin 12
Ron Fleishman is the World's Most Underrated Ph... (Sep '15) Oct 25 My Favorite 137
Why are some friends more loyal than others Oct 25 Pecan pie 1
levas stay indoors! (Jun '08) Oct 24 Largo 48
News Most US Syrians arrivals are kids, now enrollin... Oct 24 o see the light 40

San Diego Jobs

More from around the web

Personal Finance

San Diego Mortgages