Case 2:12-cv-01142-SVW-PLA Document 170 Filed 02/19/14 Page 1 of 61 Page ID #:5641 FILED CLERK, U.S. DISTRICT COURT 1 Jonathan D. Selbin (State Bar No. 170222) FEB 19, 2014 [email protected] CENTRAL DISTRICT OF CALIFORNIA PMC 2 LIEFF CABRASER HEIMANN & BY: ___________________ DEPUTY BERNSTEIN, LLP 3 275 Battery Street, 29th Floor San Francisco, CA 94111 4 Telephone: 415-956-1000 Facsimile: 415-956-1008 5 [Additional attorneys listed on signature page] 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION 10 PHYLLIS GRODZITSKY, Case No. 2:12-cv-01142-SVW-PLA 11 JEREMY BORDELON, STEPHANIE MANZO, SOHAL [PROPOSED]XXXXXXXXXXXX PLAINTIFFS’ 12 SHAH, and JOYCE YOUNG, on MASTER CLASS ACTION behalf of themselves and all others COMPLAINT (THIRD AMENDED 13 similarly situated, COMPLAINT) FOR: 14 Plaintiffs, (1) Violations of California’s Consumer Legal Remedies Act; 15 v. (2) Violations of California’s Unfair 16 AMERICAN HONDA MOTOR Competition Law. CO., INC., 17 Defendant. 18 19 JURY TRIAL DEMANDED 20 INTRODUCTION 21 22 1. Plaintiffs Phyllis Grodzitsky, Jeremy Bordelon, Stephanie Manzo, 23 Sohal Shah, and Joyce Young bring this action for themselves and on behalf of all 24 persons in the United States who purchased or leased certain vehicles 25 manufactured, distributed, and/or sold by American Honda Motor Co., Inc., and/or 26 its related subsidiaries or affiliates (“Honda”) with defective window regulators, as 27 described below. In the alternative, Plaintiffs each bring this action for themselves 28 and on behalf of all persons in their home state who purchased or leased certain MASTER CLASS ACTION COMPLAINT - 1 - CASE NO. 2:12-CV-01142-SVW-PLA Case 2:12-cv-01142-SVW-PLA Document 170 Filed 02/19/14 Page 2 of 61 Page ID #:5642 1 vehicles manufactured, distributed, and/or sold by Honda with defective window 2 regulators. 3 2. The vehicles at issue in this action include Honda Odyssey, Honda 4 Pilot, Honda Element, Honda Accord, Honda CR-V, Honda Civic, and Acura 5 MDX, TSX, RL, and CL vehicles from model years 2000-2011 (the “Class 6 Vehicles”). 7 3. The Class Vehicles contain an occupant protection system that protects 8 occupants from outside objects intruding into the passenger compartment, including 9 weather elements that could jeopardize the operator’s ability to drive the vehicle 10 safely. Side windows also provide a safety barrier that keeps occupants and 11 occupants’ personal property from being intruded upon and/or, in the case of 12 personal property, stolen by ill-intentioned persons. The occupant protection 13 system in the Class Vehicles also protects occupants from full- and partial-ejection 14 during normal vehicle operation and during crashes. The occupant protection 15 system includes the side windows. 16 4. In the Class Vehicles, side windows are moved up and down by a 17 device mounted inside the doorframe known as a “Window Regulator.” On 18 information and belief, the Window Regulator is identical or substantially identical 19 from an engineering standpoint in all Class Vehicles. The Window Regulator 20 includes a central track, a metal and polymer shuttle, a cable, and an attached 21 motor. The glass pane of the Class Vehicles’ side windows is moved up and down 22 by the shuttle on a central track, which shuttle is connected to the ends of a single 23 strand of cable. The cable is threaded through pulleys at the top and bottom of the 24 Regulator. The cable is pulled up or down by an electric motor, which causes the 25 shuttle to move the windowpane up or down. The cable ends are fitted with a metal 26 piece that keeps the cables from being pulled out of place when tension is applied to 27 the cables by the window motor. The metal cable ends are held in place in the 28 MASTER CLASS ACTION COMPLAINT - 2 - CASE NO. 2:12-CV-01142-SVW-PLA Case 2:12-cv-01142-SVW-PLA Document 170 Filed 02/19/14 Page 3 of 61 Page ID #:5643 1 shuttle by a polymer bracket. The combination of the cable ends and the polymer 2 brackets is insufficiently strong for the application in the Class Vehicles. 3 5. Because its faulty design and insufficient strength, during normal and 4 expected conditions, the cable ends are pulled out of place and the windows 5 become inoperative, often falling into a partially- or fully-open position (the 6 “Window Regulator Defect”). When the Window Regulator fails, the window 7 often falls into the doorframe with a loud and sudden noise, and can fall with 8 enough force to shatter the window itself. The Window Regulator Defect can strike 9 at any time, meaning the window can suddenly crash down while the Vehicle is 10 parked or while it is moving at 65mph on the freeway. Whenever the Regulator 11 fails due to the Defect, the entire Regulator must be replaced. 12 6. Because of defects in their design, manufacture, and/or assembly, the 13 Window Regulators installed in the Class Vehicles are, by their nature, susceptible 14 to frequent mechanical failure rendering the Class Vehicle’s side windows 15 inoperable and often irretrievably stuck in the fully open position, endangering the 16 vehicle occupants and compromising the occupant protection system. 17 7. Window failure caused by the Window Regulator Defect is not a one- 18 time event in the Class Vehicles. When a Window Regulator fails, the only fix 19 Honda offers is to replace it with a new Window Regulator part with the same 20 Defect. Because of its defective design, the new Window Regulator inevitably fails 21 just like the part it replaced, causing many Class Members to repeatedly spend time 22 and money to repair their Class Vehicles as their defective Window Regulators fail, 23 one after another. 24 8. All persons in the United States who have purchased or leased a Class 25 Vehicle with the subject Window Regulators are herein referred to as Class 26 Members (“Class Members”). 27 28 MASTER CLASS ACTION COMPLAINT - 3 - CASE NO. 2:12-CV-01142-SVW-PLA Case 2:12-cv-01142-SVW-PLA Document 170 Filed 02/19/14 Page 4 of 61 Page ID #:5644 1 9. The Window Regulator Defect inhibits Class Members’ proper and 2 safe use of their vehicles’ windows, reduces vehicle occupant protection, endangers 3 Class Members and other vehicle occupants, and requires Class Members to pay for 4 repeated replacements of the defective Window Regulators. 5 10. Prior to the manufacture and sale of the vehicles at issue, Honda knew 6 of the Window Regulator Defect through sources such as pre-release design, 7 manufacturing, and testing data; in-warranty repair data; replacement part sales 8 data; early consumer complaints made directly to Honda, collected by the National 9 Highway Transportation Safety Administration’s Office of Defect Investigation 10 (“NHTSA ODI”), and/or posted on public online vehicle owner forums; testing 11 done in response to those complaints; aggregate data from Honda dealers; and other 12 internal sources; yet despite this knowledge, Honda failed to disclose and actively 13 concealed the Window Regulator Defect from Class Members and the public, and 14 continued to market and advertise the Class Vehicles as “reliable” and “durable” 15 vehicles, which they are not. 16 11. Honda also knew or should have known that the fix it has made 17 available to consumers for the Window Regulator Defect under warranty – 18 replacing the failed part with a new part of the same defective design – results in 19 multiple, repeated Window Regulator failures on the same vehicle. Yet Honda has 20 failed to reimburse Class Members for the costs of replacing the failed Window 21 Regulators, and has failed to provide a permanent remedy to the Window Regulator 22 Defect. 23 12. As a result of Honda’s alleged misconduct, Plaintiffs and Class 24 Members were harmed and suffered actual damages, in that the Class Vehicles have 25 manifested, and continue to manifest, the Window Regulator Defect. Honda has 26 not provided a permanent remedy for this Defect. Furthermore, Class Members 27 have incurred, and will continue to incur, out-of-pocket unreimbursed costs and 28 MASTER CLASS ACTION COMPLAINT - 4 - CASE NO. 2:12-CV-01142-SVW-PLA Case 2:12-cv-01142-SVW-PLA Document 170 Filed 02/19/14 Page 5 of 61 Page ID #:5645 1 expenses relating to the Window Regulator Defect, and will remain at risk of injury 2 due to the safety defect. 3 PARTIES 4 Plaintiffs and Their Experiences with Honda Vehicles 5 Phyllis Grodzitsky 6 13. Plaintiff Phyllis Grodzitsky resides in the state of California. Ms. 7 Grodzitsky owns a 2002 Honda Odyssey LX, which she purchased in May 2005 as 8 a Honda-certified pre-owned vehicle from San Diego Honda dealership Pacific 9 Honda. Ms. Grodzitsky’s Honda was manufactured, sold, distributed, advertised, 10 marketed, and warranted by Honda, and bears the Vehicle Identification No. 11 2HKRL18552H568271. Ms. Grodzitsky purchased her Honda primarily for her 12 personal, family, and household use. 13 14. Ms. Grodzitsky’s Honda experienced window failure due to the 14 Window Regulator Defect. On September 10, 2011, the front right passenger 15 window on her Honda collapsed into the door and could not be retrieved. Ms. 16 Grodzitsky took her Honda to be repaired immediately. Ms. Grodzitsky paid 17 $409.00 out of pocket to repair her Honda’s window. 18 15. After the incident, Ms. Grodzitsky notified her local Honda service 19 manager about her Honda’s window failure.