Erika Dominguez, et al. vs. American Honda Motor Co., Inc.

Parties Involved

  • Plaintiff(s): Erika Dominguez |  Herminio Dominguez
  • Counsel for Plaintiff: Tionna Dolin
  • Experts for Plaintiff(s): Randall Bounds | Dan Calef | William Rucker

 

  • Defendant(s): American Honda Motor Co Inc.
  • Counsel for Defendants: Brian Takahashi

Verdict Information

  • Verdict Date: March 3, 2024
  • Total damages awarded to Plaintiff: $0 (Verdict for Defendant)

About the Case

Cause

Plaintiffs purchased a 2018 Honda Odyssey vehicle in July 2017. The vehicle came with an express 3-year/36,000-mile bumper-to-bumper warranty, a 5-year/60,000-mile powertrain warranty, and a 3-year/50,000-mile emissions warranty. Honda designed, engineered, manufactured, and distributed this particular Odyssey model year vehicle.

During the applicable warranty periods, the 2018 Odyssey minivan developed numerous defects and non-conformities. These included issues with the electrical system components and the failure of window motor mechanisms. There were also malfunctions of the infotainment system hardware and software, audio system defects causing abnormal sounds, and sliding door handle cable failures requiring replacement. Additional problems included defective seat accessory power outlet wiring harnesses and improperly routed and clipped floor harnesses. Furthermore, the vehicle experienced leaking moonroof drain tubes and other mechanical and technical problems detailed in the vehicle’s repair history.

Plaintiffs alleged Honda possessed prior knowledge about an inherent “Infotainment System Defect” impacting the 2018-2019 Odyssey and Pilot models before selling these vehicles to consumers. This infotainment defect allegedly caused recurring malfunctions, such as the integrated system freezing, crashing, losing connectivity, and disabling key features. These features included the navigation system, rear entertainment controls, AM/FM radio, rearview camera display, and other operations. Plaintiffs claimed this defect posed a safety risk by unexpectedly distracting the driver with blank screens or audio interference. Despite numerous repair visits by plaintiffs, Honda’s authorized dealers failed to properly diagnose, repair, or replace the defective infotainment system parts and software in the 2018 Odyssey minivan.

Injury

Plaintiffs suffered monetary damages exceeding $25,001 stemming from Honda’s alleged violations of its warranty obligations under California’s Song-Beverly Consumer Warranty Act. These damages were related to the purchased 2018 Odyssey minivan. Honda allegedly failed to properly repair the infotainment and other defects. This failure occurred after providing a reasonable number of repair opportunities to plaintiffs. It violated the requirements of California Civil Code section 1793.2(d), which governs warranty repairs.

Additionally, plaintiffs claimed Honda violated section 1793.2(b) by failing to commence services or complete repairs within the mandated 30-day timeframe. These repairs were needed to conform the 2018 Odyssey to its express warranties. No extension was granted by plaintiffs. Honda was also accused of violating section 1793.2(a)(3) by allegedly failing to provide sufficient service literature, technical guidance, and replacement parts inventory. This failure affected its authorized dealership repair facilities, preventing them from properly repairing the infotainment system defect during the vehicle’s warranty period.

Plaintiffs asserted Honda breached the express written warranties. Honda repeatedly failed to repair the numerous defects and non-conformities in the 2018 Odyssey minivan brought in for service. These defects included issues with the infotainment system freezing and functionality. Plaintiffs also claimed Honda violated the implied warranty of merchantability. This warranty requires vehicles to be fit for ordinary use and conform to described quality standards.

Furthermore, plaintiffs levied claims of fraud by omission against Honda. They alleged Honda concealed the known infotainment system defect and its related safety consequences, such as driver distraction. This concealment occurred before plaintiffs purchased the vehicle. Plaintiffs stated that, had Honda disclosed this inherent infotainment defect, they would not have purchased the 2018 Odyssey minivan.

Damages

Plaintiffs sought various remedies from the court against Honda. They requested an award for their actual damages in an amount to be proven at trial. Plaintiffs also asked for restitution to be paid by Honda. Under California Civil Code section 1794, subdivisions (c) or (e), they demanded a civil penalty amounting to two times the amount of their actual damages.

They further sought compensation from Honda for any consequential and incidental damages they incurred. They asked the court to order Honda to pay the costs of the lawsuit, along with their reasonable attorneys’ fees, as permitted under Civil Code section 1794, subdivisions (d) and/or (e). Plaintiffs additionally requested punitive damages against Honda.

To rescind the purchase transaction, plaintiffs prayed for the court to cancel the vehicle purchase contract and order Honda to provide restitution by repaying all monies they expended. They also sought rescission of the purchase contract under California Civil Code section 1692. Furthermore, plaintiffs asked for an award of prejudgment interest at the legal rate on any damages awarded. Finally, they requested any other relief the court deemed proper to grant in the case against Honda.

Jury Verdict

A jury of 12 persons decided in favor of Defendant American Honda Motor Co, Inc. and against Plaintiffs Erika Dominguez and Herminio Dominguez.

Court Documents: Available upon Request