Woman Sues Honda in Unlikely Place: Small Claims

Finally, we have a great example of someone taking big business to task for not delivering the goods they promised. Yet, another big business not caring about their customers and daring the consumer to sue them. It is sad because this involves someone spending more for a car for better mileage not to mention the ecological benefits. I really like this because it is in small claims court and I assume it should not cost a lot for lawyers (if lawyers are allowed at all). I only hope she wins and Honda will not appeal.

“Published on Jan 3, 2012 by

A woman who expected her 2006 Civic Hybrid to be her dream car wants Honda to pay for not delivering the 50 mpg she says the company promised. But instead of joining a class-action suit, she is taking the giant automaker to small claims court. (Jan. 3)”

Please note this following passage taken from http://www.courts.ca.gov/1016.htm

If you win the appeal

A judgment on appeal is final.

  • If you are the plaintiff, once the court sends you a notice that you won the appeal, you can go ahead with the collection of your judgment. There is no 30-day waiting period, like there is after the original small claims trial.
  • If you are the defendant and you completely win the appeal, you do not have to pay anything.

If you lose the appeal

If you lose, you will have to pay the original judgment. You may have to pay more if the judge decides you owe a larger amount.

You may be ordered to pay the plaintiff’s court costs such as service and filing fees. Interest will also accrue at 10 percent for each year the judgment is not paid.

You may be ordered to pay up to $150 for attorney fees and an additional $150 for travel costs, loss of earnings, and lodging reasonably incurred in connection with the appeal.

And if the judge finds you filed your appeal in bad faith, the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings, and lodging to the other side. Filing an appeal in bad faith means that:

  1. You filed your appeal without strong support for your position;
  2. You intended to harass or delay the other party; or
  3. You filed your appeal to encourage the other party to abandon the case

Also, for your information here is another excerpt from another article:

Experts said Heather Peters has a better chance of winning her case in a court with more relaxed standards and could get a payout many times higher than the few hundred dollars offered to class-action plaintiffs.

Peters said she’s been contacted by hundreds of owners who also want to take their chances with small-claims, where there are no attorneys’ fees and cases are decided quickly.

“If I prevail and get $10,000, they have 200,000 of these cars out there,” said Peters.

Peters, a state employee and ex-lawyer, argued that Honda knew her car wouldn’t get the 50 mpg as advertised before a judge in Torrance, where American Honda Motor Co. has its West Coast headquarters. As her 2006 vehicle’s battery deteriorated over time, it barely got 30 mpg, she said.

Read more: http://www.thetelegraph.com/articles/honda-64282-peters-claims.html#ixzz1ivJ8xzpC
 Let’s all wait with baited breath to see how the small claims court rules.

1 Comment

  1. Please let me know if you like this.

Leave a comment