A federal judge in Los Angeles will allow claims that certain Honda window regulator mechanisms are defective to proceed under the state's Consumer Legal Remedies Act and unfair-competition law.
According to an order by Judge Wilson, Phyllis Grodzitsky and other owners of 2000-2011 Honda Odysseys, Pilots, Elements, Accords, CR-Vs and Civics, and Acura MDX, TSX, RL and CL vehicles, filed a class-action suit against American Honda Motor Co.
They claimed a faulty regulator caused the side windows to become inoperable or fall partially or fully open and that the condition that could cause glass shattering.
In denying the motion to dismiss the claim the judge also said the complaint “contains a wealth of specific factual allegations that, taken as true, support a plausible inference that defendant was aware of the window regulator defect at the time it sold the class vehicles.”
He added that because the plaintiffs have presented a viable CLRA claim, they have also sufficiently alleged a claim under the state unfair-competition law, Cal. Bus. & Prof. Code § 17200, on a theory that Honda has engaged in an “unlawful” practice. See Westlaw Journal Automotive.
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