Medrazo

Medrazo v. Honda of North Hollywood

Caution
166 Cal. App. 4th 89·2008 Cal. App. LEXIS 1338·82 Cal. Rptr. 3d 1
Court of Appeal of CaliforniaJuly 29, 2008B202448California4,241 words

Opinion

Opinion

Willhite, J.

Plaintiff Audrey Medrazo appeals from an order denying class certification in a lawsuit alleging violations of Vehicle Code sections 11712.5 and 24014 (hereafter section 11712.5 and section 24014) by defendant Honda of North Hollywood (hereafter, HNH). We reverse the order and remand the matter with directions to grant certification.

BACKGROUND

HNH sells new and used motorcycles manufactured by Honda, Suzuki, and Yamaha. In September 2005, Medrazo bought a new Honda motorcycle from HNH. She alleges that at the time she bought it, the motorcycle did not have attached to it a label indicating the manufacturer’s suggested retail price and HNH’s additional charges. She contends that HNH violated sections 11712.5 and 24014 by failing to attach such a label (which the parties refer to as a “hang tag” or “hanger tag”) to the motorcycle.

Section 11712.5 provides in relevant part: “It is unlawful and a violation of this code for a dealer issued a license pursuant to this article to sell, offer for sale, or display any new vehicle as follows: [][] (a) A new motorcycle unless there is securely attached thereto a statement as required by Section 24014.” Section 24014 provides:…

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