— Toyota bZ4x drained 12-volt batteries caused a class action lawsuit, and Subaru Solterra drained 12v batteries caused a class action lawsuit.
But both automakers argue the consolidated class action still fails to deliver in court.
The class action includes 2023-2025 Subaru Solterra and 2023-2025 Toyota bZ4x electric vehicles equipped with 12-volt batteries which help to start the motors.
The 12v battery operates a switch between the high voltage electric vehicle battery and the drive motors that allow electricity to begin flowing to the motors. But the lawsuit argues the 12v batteries drain and the replacement 12v batteries also drain due to defects in the electrical charging systems.
The Toyota and Subaru vehicles cannot be driven with drained 12-volt batteries, making the vehicles useless to customers.
You can read much more about the Toyota and Subaru drained 12V battery lawsuit here. But according to Toyota, the case shouldn't even be in court.
Motion to Dismiss the 12v Drained Battery Lawsuit
Toyota and Subaru filed separate motions to dismiss, with both setting forth similar arguments about why the class action should be dismissed. Below are Toyota's arguments why the lawsuit doesn't hold up.
According to Toyota, the plaintiffs don't plead any plausible 12-volt battery defects and cannot name what components of the 12v charging and battery systems are defective, nor why they supposedly are defective.
Toyota told the judge without those answers the plaintiffs don't have a case. Just repeating allegations of alleged battery defects won't do.
One plaintiff complains his Toyota bZ4X was "unmerchantable" when it was sold, but Toyota says the argument is empty because the plaintiff's 12v battery died only one time.
Although the Toyota and Subaru 12-volt battery failure lawsuit was filed as a class action, Toyota asserts all nationwide class action allegations collapse because the plaintiffs have no connections to the majority of states and state laws they attempt to rely on.
Just because a 12v battery dies doesn't equal a defective battery, according to Toyota. The automaker contends the class action never names any defective battery components, but instead the plaintiffs are really complaining about routine performance issues.
Additionally, the Toyota 12v battery lawsuit supposedly fails to name any allegedly defective components, how they failed to work with the electrical system to drain the battery, or why the batteries malfunctioned.
The lawsuit also includes fraud-based claims but Toyota says they don't hold water because they are based on alleged "omissions," not "affirmative misrepresentations.”
According to Toyota, omission-based theories fail because they do not allege the “content of the omission and where the omitted information should or could have been revealed, as well as provide representative samples of advertisements, offers, or other representations that plaintiff relied on to make [their] purchase and that failed to include the allegedly omitted information.”
Toyota argues if the automaker left out information about the supposedly defective 12V battery defects, the plaintiffs must identify the content of any alleged omission.
This includes the "specific time, place, speaker, or medium for any omission, or any advertisement, website page, sticker, manual, or dealer communication from any Toyota Defendant that any Plaintiff specifically saw that omitted" any battery defect information.
The 12v battery lawsuit references technical service bulletins issued to Toyota dealerships, but Toyota argues those TSBs don't even allude to any 12-volt battery problem.
As for complaints about Toyota bZ4X 12-volt battery problems, Toyota told the judge all five complaints made to the government post-date when the plaintiffs leased or purchased their vehicles, except for one plaintiff. And only three battery complaints existed before that plaintiff leased his Toyota bZ4X.
The battery class action also references a YouTube video posted by a consumer regarding the 12v battery. But Toyota contends there is no allegation the video was ever sent to Toyota.
According to Toyota, a single video and a few complaints do not prove Toyota knew about some alleged 12v battery defect.
In its motion, Toyota argues the plaintiffs fail to plead no viable express warranty claims Toyota purportedly violated. Toyota's warranty covers defects in materials or workmanship, but the class action alleges defects in design which are not covered.
According to Toyota:
"Plaintiffs incorrectly argue that 'the Ninth Circuit' has held that defects in design are covered by language about 'materials and workmanship.' But they cite no Ninth Circuit decision. To the contrary, when the Ninth Circuit reviewed the Toyota warranties at issue, it held that alleged design defects fall outside of those warranting against 'defects in materials or workmanship.'”
The Subaru and Toyota drained 12v battery lawsuit was filed in the U.S. District Court for the Eastern District of California (Sacramento Division): John Wade v. Toyota Motor North America Inc., et al.
The plaintiffs are represented by Keller Rohrback L.L.P., Shub Johns & Holbrook LLP, and Wittels McInturff Palikovic.