OC DA announces lawsuit against Toyota over defective vehicles

AP Photo/Bret Hartman

Orange County District Attorney Tony Rackauckas announces the filing of a civil lawsuit against Toyota Motor Sales U.S.A., during a news conference Friday, March 12, 2010, at the Orange County District Attorney Office in Santa Ana, Calif.

The Orange County District Attorney filed a civil lawsuit this morning against Toyota. The suit centers around cars that might accelerate suddenly and uncontrollably.

In an 18-page complaint, District Attorney Tony Rackauckas says he's suing Toyota to protect consumers from what he calls "unlawful, unfair and fraudulent business practices."

"Toyota knowingly sold cars and trucks with defects that caused Toyotas to accelerate suddenly and uncontrollably," Rauckauckas says. "These defects exist in hundreds of thousands of Toyotas sold to Californians over the last several years. Toyota has known about these defects, but intentionally did not disclose them to California purchasers."

Rackauckas says that's against state law. He wants $2,500 for every violation — but he says he won't know the number of alleged violations until prosecutors in his office examine records and other evidence.

Rackauckas denies the lawsuit is political grandstanding or a way to win money from Toyota to fill in his office's budget gap. He says it's about protecting the public.

The D.A. is getting help on the lawsuit from the Newport Beach law firm Robinson, Calcagnie and Robinson. Senior partner Mark Robinson sued Ford — and won — over gas tank problems in the Pinto in the late 1970s.

"Toyota owners are uncertain and they're fearful right now," Robinson says. "They want to know the truth. Toyota needs to tell them the truth."

Toyota, which has its U.S. headquarters in Torrance, says it has no comment on the D.A.'s lawsuit.

But at the news conference in Santa Ana, Kerri Wilson of Newport Beach stood in the back of the room and held a neon green poster board with the words "I -heart- Toyota." Her husband works for the carmaker.

"To me, it seems like there's an opportunity to pile on," Wilson says. "And if there's truly a problem, then what are all of the Congressional hearings for. What is he (Rackauckas) going to do any differently than the Congressional hearings are going to do?"

Wilson says the negative attention isn't fair. She says she and millions of other drivers haven't had any acceleration problems with their Toyotas.

Wilson characterizes the Toyota story as "sensationalism" focused on a "few instances." She also says it looks like an opportunity for the state or the D.A.'s office to get money.

"If there's a problem with automobiles, then it should be more than pursuing Toyota. I think GM had, what, 500,000 cars that were just recently recalled? Is GM named in this lawsuit as well? No," Wilson says. "They're pursuing Toyota and only Toyota and that just doesn't seem right."

The GM recall earlier this month actually targeted 1.3-million Chevrolets and Pontiacs because of faulty power-steering systems.

Orange County's District Attorney might not be the only local prosecutor to go after Toyota. The Los Angeles City Attorney wants Toyota drivers who've had problems to contact his office and tell their stories.