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

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND GRANTING IN LIMITED PART MOTION TO STRIKE

I. INTRODUCTION

Plaintiffs Michael Scholten, Jessica M. Kramer, Alexsandra Del Real, Lu Li, and Michael Choi (collectively, “Plaintiffs”) bring this putative class action against Defendants Toyota Motor Corporation and Toyota Motor Sales U.S.A., Inc. (collectively “Defendants” or “Toyota”) on behalf of themselves and others similarly situated who purchased or leased Model Year 2010 Toyota Prius (the “Prius”) or Model Year 2010 Lexus HS 250h (the “Lexus”) (collectively, the “Class Vehicles”) in the United States, which were manufactured between January 2009 and February 2010. Plaintiffs allege that a defect in the anti-lock brake system (the “ABS”) of the Class Vehicles caused the ABS to improperly engage when it is not needed, resulting in increased stopping time and distance. Plaintiffs further allege that Toyota had notice of the defect as early as July 2009 but nevertheless failed to disclose the defect on a timely basis, continued to manufacture and sell the Class Vehicles, and advertised the Class Vehicles as safe and reliable. In February 2010, Toyota voluntarily recalled the Class…