In Re Toyota Rav4 Hybrid Fuel Tank Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IN RE TOYOTA RAV4 HYBRID FUEL Case No. 20-cv-00337-EMC

TANK LITIGATION.

ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT’S

MOTION TO DISMISS FIRST

AMENDED COMPLAINT Docket No. 110

12 13 This putative consumer class action is brought by thirty-nine plaintiffs (“Plaintiffs”) from twenty-nine states on behalf of a nationwide class of “of purchasers and lessees of 2019 Toyota RAV4 Hybrid vehicles, 2020 Toyota RAV4 Hybrid vehicles, 2021 Toyota RAV4 Hybrid vehicles, and 2021 Toyota RAV4 Prime vehicles” (the “Vehicles”). See Docket No. 103 (“First Amended Complaint” or “FAC”) at 1–2. Plaintiffs allege that Defendant Toyota Motor Sales, U.S.A., Inc. (“Toyota” or “TMS”) falsely represented in marketing and ownership materials that the Vehicles’ fuel tank capacity is 14.5 gallons when it is actually 8–11 gallons, thus significantly reducing the Vehicles’ mileage range on a single tank of gas. …