Providers and Administrators in blue logo
MenuMENU
SearchSEARCH

Toyota Acceleration Cases Won't Be Tossed, Judge Says in Tentative Ruling

November 19, 2010
4 min to read



A federal judge tentatively ruled that he will reject most of Toyota Motor Corp.’s first major legal challenge to class-action lawsuits filed against the automaker by car owners over sudden acceleration, Bloomberg reported.


The car owners’ lawyers provided sufficient evidence to allow their cases to go forward, U.S. District Judge James V. Selna in Santa Ana, California, said in a tentative ruling posted on his court’s website. Selna heard arguments today over Toyota’s motion to dismiss class-action, or group, lawsuits claiming economic loss linked to sudden acceleration.

Ad Loading...


“It is true that plaintiffs do not generally allege the precise dollar value of their losses, but that level of specificity is not required at this pleading stage,” Selna wrote in his 63-page ruling. “It is enough that they allege a tangible loss that can be proved or disproved upon discovery.”


Selna said he would issue a final ruling by the U.S. Thanksgiving holiday on Nov. 25.


The economic-loss lawsuits, combined for pretrial filings and rulings before Selna, claim Toyota drove down the value of vehicles by failing to fix or disclose defects that triggered unintended acceleration. Federal suits claiming death or injury caused by such episodes are also combined in the Santa Ana court.


Millions Recalled


The company, based in Toyota City, Japan, has recalled more than 8 million vehicles for repairs related to sudden, unintended acceleration. In September 2009, the automaker announced a recall of 3.8 million Toyota and Lexus vehicles because of a defect that may cause floor mats to jam accelerator pedals. The company later recalled vehicles over defects involving the pedals themselves.

Ad Loading...


Toyota asked Selna to dismiss the car owners’ claim that the company knew of a defect in the vehicles’ electronic throttle control system and concealed it from consumers. The plaintiffs failed to identify an “actual defect,” the company said in court papers.


Selna said would let this claim go forward. “Plaintiffs’ fraudulent concealment claim pleads particular facts in support of the defect allegations, and that is all that is required at this stage,” he wrote in the tentative ruling.


“These rulings are only tentative and come at a stage of the legal proceedings in which the judge has to accept that what the plaintiffs allege are true,” said Toyota attorney Lisa Gilford in an interview after the hearing. “We are confident that as the facts develop in this case they will show that there are no defects in these Toyota vehicles.”


‘No Such Proof’


The burden “is now squarely on plaintiffs’ counsel to prove their allegations, and Toyota is confident that no such proof exists,” Celeste Migliore, a company spokeswoman, said in an e-mailed statement. The claim that Toyota’s electronic throttle control system is defective is “wholly unsubstantiated,” she said.

Ad Loading...


“If the judge finalizes these tentative rulings they will be a substantial victory for the plaintiffs,” consumer lawyer Steve W. Berman said after the hearing.


Toyota had also said the consumers couldn’t sue for losses on vehicles that hadn’t experienced a sudden unintended acceleration defect, according to Selna. “The court agrees with plaintiffs that experiencing an SUA defect is not required for standing,” Selna said in the ruling.


“Consumers who bought Toyotas expected these cars to be safe,” Berman said. “After thousands of crashes and the deaths of many people it is ludicrous for Toyota to argue that you could have a car that has a significant chance of running away from you but not have any legal rights until it actually runs away from you.”


‘Produced as Promised’


Toyota disputed the claims of economic loss at today’s hearing. The vehicles have “produced as promised,” Cari Dawson, a Toyota lawyer, told Selna.

Ad Loading...


“These cars have not malfunctioned, their owners have not had to pay any money for repairs or retrofit, and they have not suffered any loss,” she said.


Dawson argued that economic loss can’t be “speculative” based on losses that the owners may never suffer if they don’t sell their cars or if market conditions change and the values of Toyotas don’t drop.


The cases are combined as In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, 8:10-ml-02151, U.S. District Court, Central District of California (Santa Ana).


More Industry

Blurred photo of red car moving down a road
Industryby Hannah MitchellMarch 31, 2026

Automakers Have More Tricks Up Their Sleeves

JD Power analysts see auto retail faring this year’s storms well through various means, though it acknowledges conditions are challenging to accurately predict.

Read More →
background view of Washington D.C. with the capitol building and cherry trees. Text says 'What's the Cost?' with two diverging arrows and the Providers and Administrator's logo
Industryby Lauren LawrenceMarch 31, 2026

Insurance Rates Continue to Fall

Car insurance premiums have continued to decline so far this year, the overall national average settling at $138 per month in March, according to Insurify data.

Read More →
Bar graphic showing car segment activity for the previous week
Industryby StaffMarch 31, 2026

Black Book: Weekly Market Update

Last week's wholesale auction activity was stable, though buyers exercised selectivity as they focused on certain segments.

Read More →
Ad Loading...
gray background with white text that says Dealer Debrief 03/25/2026 with Lauren Lawrence. picture of a white woman (Lauren) with red hair
Industryby Lauren LawrenceMarch 25, 2026

Dealer Debrief: Safety, Supply & Partnership

In this week's Dealer Debrief, host Lauren Lawrence covers a new safety assessment, current inventory issues, and a new payables process for dealerships.

Read More →
Line chart depicting retail used-vehicle auction volume
Industryby StaffMarch 24, 2026

Black Book: Weekly Market Update

Both conversions and values were up last week, though business was spotty depending on the segment in question.

Read More →
red battery-electric vehicle using a Tesla Supercharging station
Industryby Lauren LawrenceMarch 24, 2026

Stellantis Expands Charging Network

Five of its brands now have greater access to battery-electric vehicle charging through Tesla’s Supercharger network across North America.

Read More →
Ad Loading...
blue subaru crosstrek in city with Save with SUVS text and Providers and Administrators logo
Industryby Lauren LawrenceMarch 17, 2026

Safety Drives Insurance Rates

Sixteen out of the 20 cheapest vehicles to insure in 2026 are SUVs, according to CarInsurance.com, largely because of their safety features and lower repair costs.

Read More →
Close-up photo of the front of a new-looking white car
Industryby Hannah MitchellMarch 17, 2026

New-Vehicle Shoppers Get Some Relief

Overall conditions in February tipped slightly in consumers’ favor as prices stayed high, granting a reprieve of sorts just before the war on Iran commenced and started to reverse the welcome trend.

Read More →
row of cars, used vehicle demand spikes, chart showing data spike, F&I and Showroom logo
Showroomby Lauren LawrenceMarch 11, 2026

Used Market Gains Speed

New-vehicle sales fell year-over-year for the fifth month in a row in February, making retail deliveries the slowest they’ve been since 2023, according to a CarGurus report.

Read More →
Ad Loading...
text reading Auto Loan Defaults Reach 2% on desk background with car keys, calculator, notepad, and toy car
Industryby Lauren LawrenceMarch 10, 2026

Auto Loan Defaults Measured Amid Inflation

According to LendingTree data, the average monthly auto loan payment was $540 in the fourth quarter, and the average credit score for those with a recorded default was 529.

Read More →