Ortega

Ortega v. Toyota Motor Sales, USA, Inc.

Good Law

572 F. Supp. 2d 1218·2008 WL 3870664·2008 U.S. Dist. LEXIS 65934

United States District Court, Southern District of CaliforniaAugust 21, 200808cv0724 DMS (WMc)California1,419 words

Opinion

Sabraw, J.

ORDER DENYING DEFENDANT TOYOTA MOTOR SALES, U.S.A., INC.’S MOTION TO DISMISS PLAINTIFF’S CONVERSION CLAIM

This matter comes before the Court on Defendant Toyota Motor Sales, U.S.A., Inc.’s (“TMS”) motion to dismiss Plaintiffs claim for conversion. Plaintiff has filed an opposition to the motion, and Defendant TMS has filed a reply. On July 22, 2008, the Court found the motion suitable for decision without oral argument pursuant to Civil Local Rule 7.1(d)(1). For the reasons discussed below, the Court denies the motion to dismiss.

I. BACKGROUND

This case arises out of Plaintiffs purchase of a 2006 Toyota Scion tC on or about November 19, 2006, which was manufactured, distributed, or sold by Defendant. Plaintiff paid or agreed to pay a total of $26,180.56 for the vehicle, including taxes, license, and finance charges. Plaintiff filed the present case against TMS on April 21, 2008. Plaintiff alleges his 2006 Toyota Scion tC suffers from problems with the check engine light illuminating, engine noise, burning oil, transmission grinding, and engine seizure. Plaintiff sues TMS for violations of the federal Magnuson-Moss Warranty Act and California’s Song-Beverly Consumer Warranty…

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