In re Toyota Motor Corp. Hybrid Brake Marketing, Sales, Practices & Products Liability Litigation

ORDER DENYING DEFENDANTS’ MOTION TO COMPEL ARBITRATION OF THE NASH AND RAMIREZ PLAINTIFFS’ CLAIMS

I. INTRODUCTION AND BACKGROUND

Plaintiffs Marciano and Miriam Ramirez, Amelia Nash, Lisa Creighton, Leora Kahn and Nathan Kravis, and Brooke and Timothy Whitlock brought this putative class action against Defendants Toyota Motor Corporation and Toyota Motor Sales, USA, Inc. (collectively, “Toyota” or “Defendants”) on behalf of themselves and others similarly situated who purchased or leased certain 2004 to 2010 model Toyota or Lexus hybrid vehicles that were not subject to recall (collectively, “Toyota Hybrid Class Vehicles”). 1 Plaintiffs allege that the anti-lock braking system (“ABS”) in the Toyota Hybrid Class Vehicles are defective in that the system extends the stopping time and distance, resulting in numerous vehicle accidents and creating unreasonable safety risks. In the operative First Amended Complaint, Plaintiffs assert fourteen causes of action under the California Legal Remedies Act (“CLRA”), Cal. Civ.Code § 1750, et seq.; the California Unfair Competition Law (“UCL”), Cal. Bus. & Prof.Code § 17200, et seq.; breach of implied warranty under the Song-Beverly Consumer…