Example of small claims court for those that are interested, in today's news.
  1. Welcome to Chevy Cruze Forum : Chevrolet Cruze Forums – General discussion forum for Chevy Cruze

    Welcome to Chevy Cruze Forum : Chevrolet Cruze Forums - a website dedicated to all things Chevy Cruze.

    You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, at no cost, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, Join Chevy Cruze Forum : Chevrolet Cruze Forums today!
     
+ Reply to Thread
Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11

Thread: Example of small claims court for those that are interested, in today's news.

  1. #1
    NickD is offline [OP]
    Banned

    Join Date
    Dec 2011
    Posts
    10,296

    Example of small claims court for those that are interested, in today's news.

    Woman wins small-claims suit over Honda hybrid mpg

    "LOS ANGELES (AP) — The Southern California owner of a Honda hybrid car won her unusual small-claims court lawsuit against the automaker over the vehicle's failure to deliver its stated fuel economy.
    Los Angeles Superior Court Commissioner Douglas Carnahan awarded Heather Peters $9,867 on Wednesday, saying Honda did mislead her about the expected mileage.
    "At a bare minimum Honda was aware ... that by the time Peters bought her car there were problems with its living up to its advertised mileage," he wrote in the judgment.
    Peters opted out of a class-action lawsuit so she could try to claim a higher payment for the failure of her Civic to deliver the 50 miles per gallon that was promised when she bought it.
    Informed of the decision by The Associated Press, Peters exulted, "Wow! Fantastic."
    "I am absolutely thrilled. Sometimes big justice comes in small packages," she said. "This is a victory for Honda Civic owners everywhere."
    Honda hadn't seen the decision Wednesday afternoon but planned to issue a statement after it was reviewed, said spokesman Chris Martin.
    Peters, a former lawyer, hoped to inspire a flood of lawsuits by the other 200,000 owners of the Hybrid Honda Civic model sold in 2006. She said that if all 200,000 owners of the cars sued and won in small claims cost, it could Honda Motor Co. $2 billion.
    She launched a website, DontSettleWithHonda.org, and said she was contacted by hundreds of other car owners seeking guidance in how to file small claims suits if they opted out of a class-action case already filed.
    The upside of small claims court is that there are no attorneys' fees and cases are decided quickly. Individual payments are far greater than in class-action cases.
    Honda's proposed class-action settlement would give aggrieved owners $100 to $200 each and a $1,000 credit toward the purchase of a new car. Legal fees in the class action case would give trial lawyers $8.5 million, Peters said.
    Legal experts had said it was unlikely that all owners would take the small claims route because of the time and energy involved in pursuing such lawsuits. But it was a unique approach that could have an impact.
    Carnahan held two hearings on the claim in January.
    Peters claimed her he car never came close to the promised 50 mpg and that it got no more than 30 miles per gallon when the battery began deteriorating. She still owns the car and wanted to be compensated for money lost on gas, as well as punitive damages, amounting to $10,000.
    A Honda technical expert who testified at an earlier hearing said the company was required by federal law to post the sticker estimating the highest mileage the car could get. But he said the mileage varied on how the car was driven. The company said Peters was not deceived.
    A judge in San Diego County is due to rule in March on whether to approve Honda's class-action settlement. Members of the class have until Feb. 11 to accept or decline the deal.
    Small claims courts generally handle private disputes that do not involve large amounts of money. In many states, that means small debts, quarrels between tenants and landlords and contract disagreements. Attorneys aren't usually there; in California, litigants aren't allowed to have lawyers argue their case.
    The limit for small claims damages in California is $10,000. In other states it ranges from $2,500 to $15,000.

    Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. "

  2. Remove Advertisements
    Chevy Cruze Forum
    Advertisements
     

  3. #2
    Retired Moderator Aeroscout977's Avatar
    Join Date
    Nov 2010
    Location
    Ypsilanti, MI
    Posts
    2,266
    The numbers are put in place by the EPA I don't see how Honda Corp. is liable.

  4. #3
    5th Gear GoldenCruze's Avatar
    Join Date
    Dec 2011
    Location
    Central Ohio
    Posts
    904
    Keep in mind that the woman who won that lawsuit is an attorney.

  5. Remove Advertisements
    Chevy Cruze Forum
    Advertisements
     

  6. #4
    Driver's Ed bassace's Avatar
    Join Date
    Dec 2011
    Location
    Green Bay, WI
    Posts
    4
    Quote Originally Posted by GoldenCruze View Post
    Keep in mind that the woman who won that lawsuit is an attorney.
    And in California.
    2012 Cruze 1LT/RS

  7. #5
    Driver's Ed
    Join Date
    Feb 2012
    Posts
    30
    Quote Originally Posted by Aeroscout977 View Post
    The numbers are put in place by the EPA I don't see how Honda Corp. is liable.
    Actually no. The EPA does not often verify the numbers that they receive from automakers. The EPA is only able to verify about 15% of all cars on the road mileage. It's like a tax audit, likely you will never get an audit so you can cheat a little here and there. God help those who get the audit though.

    See the car and driver article on it here: The Truth About EPA City / Highway MPG Estimates - Feature - Car and Driver

  8. #6
    NickD is offline [OP]
    Banned

    Join Date
    Dec 2011
    Posts
    10,296
    That article was not intended to bring about a discussion as to the credibility of this case, but was intended to show how the system works. To be specific, in dealing with a warranty issue on a clutch problem, with the destruction of our consumers protection agencies, we wanted less government, thought more in terms of the IRS, EPA, DOT, OSHA, etc., but our consumer protection agencies were the first to go. Small claims court is just about the only outlet we have left.

    Is just a question of being nice and getting the judge to sympathize with you. As far as the corporations are concerned, not a matter of principle, but of money, if they have to pay a staff of attorneys 400 bucks an hour, for maybe a $1,500.00 repair job. In most cases, just the threat of taking a matter to small claims court is all one needs to do to get a settlement.

    As a side note, have a very good chance of winning against a corporation, but if any governmental agency is involved, you are dead before you even get started. Judge is paid and owned by the government, no matter how strong your case is.

  9. #7
    Super Moderator
    Patman's Avatar
    Join Date
    May 2011
    Location
    Cincinnati, Oh
    Posts
    4,900
    This is about as ridiculous as that woman suing MCdonalds over getting burned by hot coffee!!!!! IMO
    Pat T. Patman
    '15 Cruze LT/Limited my DD
    '13 Cruze LT/RS (6-sp) • '14 Cruze LT son's DD
    '12 Cruze Eco • '11 Cruze LS(First Cruze)
    '07 Civic • '02 Olds Alero GLS 4dr 5 spd
    '99 Olds Cutlass
    '96 Beretta, Eagle Summit, 92 Achieva SC (First New Car) and 1957 MGA Father's car I restored.
    Hidden Content

  10. #8
    Lyrical Wordsmith
    iKermit's Avatar
    Join Date
    Dec 2010
    Location
    Miami, Florida
    Posts
    6,781
    BRB Suing AXE for not giving me hot women as advertised.




  11. #9
    Resident Secret Lover
    boats4life's Avatar
    Join Date
    May 2011
    Location
    Virginia Beach
    Posts
    2,217
    Quote Originally Posted by iKermit View Post
    BRB Suing AXE for not giving me hot women as advertised.
    I'm already on progress on that one...

    Sent from my SAMSUNG-SGH-I777 using AutoGuide.com App
    Hidden Content Originally Posted by ME
    We are more than enthusiasts. We are Believers.
    I'm the pioneer that dodged drowning, dysentery, and famine and made it all the way up the Oregon Trail.
    Hidden Content
    Hidden Content

  12. #10
    NickD is offline [OP]
    Banned

    Join Date
    Dec 2011
    Posts
    10,296
    Not ridiculous if you are hit with a no-warranty coverage when you assume you have a 36K or three year bumper to bumper warranty coverage, whichever comes first.

    But I have yet to read that 44 page book that came with my Cruze on the 2012 Chevrolet Limited Warranty and Owner Assistance Information.

    Give me another week of rest, just spent a week reading IRS instructions, then I will read it. Need time for my brain to unscramble before it gets scrambled up again.

  13. Remove Advertisements
    Chevy Cruze Forum
    Advertisements
     

+ Reply to Thread
Page 1 of 2 1 2 LastLast

Quick Reply Quick Reply

Register Now

Please select your insurance company (Optional)

Similar Threads

  1. DetNews: 40 mpg claims grab headlines, miss mark
    By cwerdna in forum Fuel Economy
    Replies: 44
    Last Post: 12-14-2011, 12:42 PM
  2. Trifecta 1.8L tune, who's interested.
    By InsaneSpeed in forum Gen1 1.8L
    Replies: 6
    Last Post: 09-13-2011, 08:22 AM
  3. New member interested in Cruze Eco 6MT
    By Turbo-GeoMetro in forum CruzeTalk New Member Introductions
    Replies: 14
    Last Post: 05-27-2011, 01:17 PM
  4. Color me interested.
    By CaliforniaCruzer in forum CruzeTalk New Member Introductions
    Replies: 7
    Last Post: 04-25-2011, 08:05 AM
  5. GM claims - 1-800 number!
    By CRUISE-CRUZE in forum Gen1 Service Issues
    Replies: 2
    Last Post: 03-01-2011, 06:53 PM

Tags for this Thread

Posting Permissions

  • You may post new threads
  • You may post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Powered by vBadvanced CMPS v4.1.2