Quacchia

Quacchia v. DaimlerChrysler Corp.

Good Law
122 Cal. App. 4th 1442·19 Cal. Rptr. 3d 508·2004 Cal. App. LEXIS 1694·2004 Daily Journal DAR 12433·2004 Cal. Daily Op. Serv. 9110
Court of Appeal of CaliforniaSeptember 15, 2004A102544California4,989 words

Opinion

Opinion

Rivera, J.

Plaintiff Eileen Quacchia appeals after the trial court denied her motion for class certification. We conclude the trial court did not abuse its discretion in finding that common issues do not predominate in this action. Accordingly, we affirm.

I. BACKGROUND

Certain vehicles manufactured by defendant DaimlerChrysler Corporation (DCC) contain a seat belt buckle known as the “Gen-III” buckle. Plaintiff, the owner of a Dodge Caravan equipped with Gen-III buckles, brought this action, alleging the Gen-III buckles were subject to accidental release at any time, especially in the event of a collision, because the release button sticks out above the outside cover. According to plaintiff, the defective Gen-III buckles had been installed in numerous DCC vehicle models manufactured between 1992 and the present. Plaintiff sought to pursue this action on behalf of a class of all persons and entities in California who currently own or lease model year 1993 through 2002 vehicles manufactured or sold by DCC that contain Gen-III buckles; however, she excluded those that purchased DCC vehicles for resale, those who have suffered physical injury as a result of defective Gen-III buckles,…

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