Lax
Lax v. Toyota Motor Corp.
Opinion
Lead Opinion
Orrick, J.
Re: Dkt. No.
ORDER DENYING MOTION TO TRANSFER
BACKGROUND
Plaintiffs April Lax et al. filed a class action on March 31, 2014, asserting claims against defendants Toyota Motor Corporation (TMC) and Toyota Motor Sales, U.S.A. (TMS). The allegations in the Complaint center on defendants’ alleged failure to disclose to consumers that specified Toyota vehicles have an oil consumption design defect, meaning that they are predisposed to an excessively high rate of engine oil consumption; a defect which typically manifests itself during and shortly after the limited warranty period has expired and which is alleged to cause the vehicles to prematurely burn off and consume excessive amounts of engine oil. Complaint ¶ 2. Based on these allegations, the Complaint asserts six causes of action against Toyota: (1) Violation of the California Consumer Legal Remedies Act (Cál. Civ. Code § 1750, et seq.); (2) Violation of California Unfair Competition Laws (Cal. Bus. & Porf.Code § 17200); And Unfair Business Practices Statutes of Florida, Washington, New York, and New Jersey; (3) Breach of Express Warranty; (4) Common Law Fraud; (5) Breach of the Covenant of Good Faith and Fair Dealing; and…