Comments on: Orange County D.A. Suing Toyota http://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/ Toyota Tundra News, Reviews, Accessories, and Information Tue, 07 Sep 2010 21:32:27 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: chosukehttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13311 chosuke Tue, 16 Mar 2010 00:16:01 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13311 Jason, I didn't realize someone could opt out. Jason, I didn’t realize someone could opt out.

]]> By: Jasonhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13310 Jason Tue, 16 Mar 2010 00:14:09 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13310 Chosuke - Yes that's a good point too. Class-action is easier to defend. However, don't forget that individuals have the right to opt-out of the settlement on their own if they feel they can do better. Chosuke – Yes that’s a good point too. Class-action is easier to defend. However, don’t forget that individuals have the right to opt-out of the settlement on their own if they feel they can do better.

]]> By: Jasonhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13308 Jason Tue, 16 Mar 2010 00:11:49 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13308 Rich - Good point. I think that NHTSA, however, might have a monopoly on penalizing automakers on behalf of U.S. consumers...but I don't know that for sure. Generally speaking, however, you are absolutely correct - the presence of a regulatory authority doesn't preclude a civil lawsuit. So, you're probably right about the NHTSA thing...but I'm not convinced because of something I read. Anyways... ## As far as criminal charges, I've heard that mentioned before, but it's highly unlikely. Not only would it be pointless (some low-level guy would likely take the fall), but it would be difficult to prove "beyond a reasonable doubt." In civil courts, however, the threshold required to prove malicious intent is much lower, and therefore it's likely that Toyota could lose money as a result of the Orange County D.A.'s suit...provided that Toyota doesn't manage to have the lawsuit dismissed of course (cause of the whole NHTSA thing). Rich – Good point. I think that NHTSA, however, might have a monopoly on penalizing automakers on behalf of U.S. consumers…but I don’t know that for sure. Generally speaking, however, you are absolutely correct – the presence of a regulatory authority doesn’t preclude a civil lawsuit. So, you’re probably right about the NHTSA thing…but I’m not convinced because of something I read. Anyways…
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As far as criminal charges, I’ve heard that mentioned before, but it’s highly unlikely. Not only would it be pointless (some low-level guy would likely take the fall), but it would be difficult to prove “beyond a reasonable doubt.” In civil courts, however, the threshold required to prove malicious intent is much lower, and therefore it’s likely that Toyota could lose money as a result of the Orange County D.A.’s suit…provided that Toyota doesn’t manage to have the lawsuit dismissed of course (cause of the whole NHTSA thing).

]]> By: chosukehttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13292 chosuke Mon, 15 Mar 2010 10:48:54 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13292 I'll agree that even though it's not likely, it would still be more rewarding for people. Toyota is better off having all those people sueing as a group rather than dealing with numerous individuals. I imagine there will be many under table dealings going on to keep things off the front page, just as in the past. They will pay more under table than on the table but the results for them are better in the long run. Imagine if you seen the headlines that announced the findings against them, would you be more likely to sue for your self than if you never knew there was a settlement? I’ll agree that even though it’s not likely, it would still be more rewarding for people. Toyota is better off having all those people sueing as a group rather than dealing with numerous individuals. I imagine there will be many under table dealings going on to keep things off the front page, just as in the past. They will pay more under table than on the table but the results for them are better in the long run. Imagine if you seen the headlines that announced the findings against them, would you be more likely to sue for your self than if you never knew there was a settlement?

]]> By: Richhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13290 Rich Mon, 15 Mar 2010 03:39:19 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13290 Jason as far as I know regulatory authority does not supercede tort or criminal cases. However, someone did say just because you file a lawsuit doesn't mean you have a solid case...I totally agree with that. Intentional can lead to criminal and here's where this thing could get interesting. If Toyota admits they intentionally did something that cost someone their life then you can bet the feds will file criminal charges. That's why I feel Toyota will never come clean. At this point, there more at stake than just money. Jason as far as I know regulatory authority does not supercede tort or criminal cases. However, someone did say just because you file a lawsuit doesn’t mean you have a solid case…I totally agree with that. Intentional can lead to criminal and here’s where this thing could get interesting. If Toyota admits they intentionally did something that cost someone their life then you can bet the feds will file criminal charges. That’s why I feel Toyota will never come clean. At this point, there more at stake than just money.

]]> By: Jasonhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13286 Jason Mon, 15 Mar 2010 01:26:29 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13286 Chosuke - That's certainly true, but that's also not very likely. Chosuke – That’s certainly true, but that’s also not very likely.

]]> By: Chosukehttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13282 Chosuke Sun, 14 Mar 2010 21:17:02 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13282 Class action is ridiculous, lawyers make all the money. There would be more money if the lawsuits were filed individually. Class action is ridiculous, lawyers make all the money. There would be more money if the lawsuits were filed individually.

]]> By: Jasonhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13258 Jason Sat, 13 Mar 2010 15:54:57 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13258 Mickey - California, and it could be linked to NUMMI. My guess is that it's a good way to raise your profile in an election year.mk - I've seen data that shows sales are up nationwide more than 30% over last year. The link below says 50%. I've been talking to dealers about it too and sales are good.Benny - The case doesn't actually have to be "legit" since it's civil court. It's perfectly legal to file a frivolous lawsuit, but most people don't do so because of the likelihood of a counter-suit. Since Toyota is highly unlikely to counter-sue Orange County, this could be a win-win situation for this D.A. If his suit is legit, he's a hero. If his suit is just political, he can duck retribution. The trouble is, I'm guessing Toyota it trying to drown them all in a sea of paperwork right now...so this D.A. might have bitten off more than he could chew. We'll see...As for sales figures and numbers, we'll have to wait until the end of the month, but you'll find this enlightening: http://abcnews.go.com/Business/wireStory?id=10076776 Mickey – California, and it could be linked to NUMMI. My guess is that it’s a good way to raise your profile in an election year.

mk – I’ve seen data that shows sales are up nationwide more than 30% over last year. The link below says 50%. I’ve been talking to dealers about it too and sales are good.

Benny – The case doesn’t actually have to be “legit” since it’s civil court. It’s perfectly legal to file a frivolous lawsuit, but most people don’t do so because of the likelihood of a counter-suit. Since Toyota is highly unlikely to counter-sue Orange County, this could be a win-win situation for this D.A. If his suit is legit, he’s a hero. If his suit is just political, he can duck retribution. The trouble is, I’m guessing Toyota it trying to drown them all in a sea of paperwork right now…so this D.A. might have bitten off more than he could chew. We’ll see…As for sales figures and numbers, we’ll have to wait until the end of the month, but you’ll find this enlightening: http://abcnews.go.com/Business.....d=10076776

]]> By: mkhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13255 mk Sat, 13 Mar 2010 03:07:07 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13255 I hear ya Benny. I suppose a free water bottle and chocolate is good enough? I hear ya Benny. I suppose a free water bottle and chocolate is good enough?

]]> By: Bennyhttp://www.tundraheadquarters.com/blog/2010/03/12/orange-county-suing-toyota/#comment-13249 Benny Sat, 13 Mar 2010 01:31:49 +0000 http://www.tundraheadquarters.com/blog/?p=2940#comment-13249 Toyota sales are strong for the month of March? Compared to what? How strong, numbers? If a DA doesn't have a case do you think they would try it? - MK your friend can purchase a maintenance plan if that is what he wants. So everyone who owns a Toyota with a recall deserves this as compensation? Let's say oil changes for 1 year cost what $32 dollars what 3 times a year. So that's about $100 dollars a year per vehicle that a dealer is getting, nothing exact. Now let's say Toyota gave all recalled vehicles one oil change for 8 million vehicles . That's only $256,000,000. Now let's say Toyota gave everyone one year of free oil changes to every effected vehicle to say sorry. That's only $768,000,000 million. See where this is going? You will have dealerships going out of business. This is a major source of income for the dealerships. How do think this would play out with 1/3 less dealers? Toyota sales are strong for the month of March? Compared to what? How strong, numbers? If a DA doesn’t have a case do you think they would try it?
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MK your friend can purchase a maintenance plan if that is what he wants. So everyone who owns a Toyota with a recall deserves this as compensation? Let’s say oil changes for 1 year cost what $32 dollars what 3 times a year. So that’s about $100 dollars a year per vehicle that a dealer is getting, nothing exact. Now let’s say Toyota gave all recalled vehicles one oil change for 8 million vehicles . That’s only $256,000,000. Now let’s say Toyota gave everyone one year of free oil changes to every effected vehicle to say sorry. That’s only $768,000,000 million. See where this is going? You will have dealerships going out of business. This is a major source of income for the dealerships. How do think this would play out with 1/3 less dealers?

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