— A Toyota RAV4 sunroof lawsuit which alleges a recall is necessary will move forward in court as a federal judge refused to dismiss the class action, at least not all of it.
Without a Toyota RAV4 sunroof recall, owners of 2021 RAV4 SUVs are allegedly stuck driving dangerous vehicles.
Though there are a lot of RAV4 SUVs in the country, the shattered sunroof class action lawsuit includes only consumers “who purchased or leased any 2021 Toyota RAV4 vehicle equipped with an optional panoramic glass roof in the State of California."
Toyota allegedly knows a RAV4 sunroof recall is needed, but continues to replace the shattered glass with the same defective panoramic sunroofs.
The 2021 Toyota RAV4 sunroofs allegedly break and explode suddenly without any outside influence. Meaning, the sunroofs shatter without rocks or any objects hitting the glass.
The class action lawsuit alleges 2021 Toyota RAV4 owners may pay more than $1,000 to replace a shattered sunroof with another allegedly defective sunroof. This is allegedly why a RAV4 sunroof recall is needed.
California plaintiff Aracely Gamez purchased a new 2021 Toyota RAV4 in September 2020, but a month later the panoramic sunroof exploded as she was driving on the highway.
As with most vehicle warranties, Toyota said the shattered sunroof wasn't covered. Her insurance covered the RAV4 sunroof replacement and the plaintiff had to pay a $500 deductible.
But the plaintiff contends she had to pay another $500 insurance deductible when the 2021 RAV4 sunroof exploded again in October 2022.
California plaintiff Jeffry Takili purchased a new 2021 Toyota RAV4 Prime XSE in December 2021, but 11 months later the sunroof exploded while driving on the freeway.
A Toyota dealer said it would cost more than $1,200 for a RAV4 sunroof replacement because the glass wasn't covered by the warranty.
The class action alleges the insurance company paid for the sunroof replacement performed by a non-dealership.
Motion to Dismiss the Toyota RAV4 Sunroof Lawsuit
Toyota's motion to dismiss the sunroof class action gained traction but not enough to convince the judge to dismiss the lawsuit.
A big issue of the case was Toyota's motion to strike the class action allegations, but Judge Dale A. Drozd said at this stage the allegations can continue.
However, Toyota did succeed in getting certain claims dismissed with prejudice, including plaintiff Takili’s "unjust enrichment claim and Unfair Competition Law claim seeking restitution, disgorgement of profits, and injunctive relief enjoining defendant’s alleged misleading business practices."
Other dismissed claims include plaintiff Takili’s California Consumers Legal Remedies Act claim and a California Consumers Legal Remedies Act claim.
The judge allowed unjust enrichment and unfair competition law claims to continue based on "injunctive relief compelling defendant to repair the alleged Defect, provide replacement Roofs, and/or reform the Limited Warranty."
The Toyota RAV4 exploding sunroof class action lawsuit was filed in the U.S. District Court for the Eastern District of California: Gamez, et al., v. Toyota Motor Sales, U.S.A., Inc., et al.
The plaintiffs are represented by Lemberg Law, LLC.
