Shu
Shu v. Toyota Motor Sales USA, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division SHARLENE SHU, MARK TENGOWSKI, Case No. 3:22-cv-04661-LB
ROMAN SIVION, AND MOHAMED
ALMAKALEH, individually and on behalf ORDER DISMISSING COMPLAINT of all others similar situated, Re: ECF No. 24 Plaintiffs, 14 v.
TOYOTA MOTOR SALES USA, INC.
AND TOYOTA MOTOR NORTH
AMERICA, INC.,
17 Defendants. 18 INTRODUCTION In this putative class action on behalf of a nationwide class, a California subclass, and a New York subclass, the plaintiffs allege that the Toyota defendants knowingly misrepresented that RAV4 SUVs came with an advanced-headlight feature (when in fact, they did not), and the plaintiffs relied on that misrepresentation in buying the RAV4s. The plaintiffs claim fraud, violations of state consumer-protection statutes, and breach of warranty. The defendants moved to dismiss the claims on the grounds that the plaintiffs (1) did not allege fraud with particularity under…