Osborne

Osborne v. Subaru of America, Inc.

Caution
198 Cal. App. 3d 646·1988 Cal. App. LEXIS 131·243 Cal. Rptr. 815·5 U.C.C. Rep. Serv. 2d (West) 1330
Court of Appeal of CaliforniaFebruary 16, 1988C000314California7,072 words

Opinion

Opinion

Sims, J.

In Baltimore Football Club, Inc. v. Superior Court (1985) 171 Cal.App.3d 352 [ 215 Cal.Rptr. 323 ], this court recently reversed the certification of a nationwide class of National Football League ticketholders who sought damages caused by a strike. In this case, we revisit the question of certification of a nationwide class, We hold that the trial court did not abuse its discretion in refusing to certify a nationwide class of plaintiffs who are current or former owners of 1973, 1974, and 1976 Subaru automobiles and who seek damages premised on the asserted defective design of their automobiles.

Facts and Procedural Background

Defendant Fuji Heavy Industries, Ltd. (Fuji) manufactures Subaru automobiles in Japan. Defendant Subaru of America, Inc. (SOA) is a New Jersey corporation that imports the cars into this country and markets them here.

Plaintiffs all experienced various engine breakdowns in their Subarus which they attribute to a defect in the design of the head gasket and valve system. Although plaintiffs themselves own Subarus in only three model years, they sought to certify a nationwide class on behalf of owners of new or used Subarus of model years 1969…

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