LOS ANGELES — Porsche and Lexus recently saw separate federal lawsuits dismissed which had alleged their vehicles’ brake squeal was indicative of defective and dangerous products.
Earlier this year Hovsep Hagopian v. Toyota Motor North America, Inc., et al was filed in U.S. District Court for the Central District of California in which the plaintiff alleged the 2019 Lexus LC he had leased is equipped with a defective brake system that “generates an extremely loud squealing noise” when the brakes are engaged.
The case against Toyota – Lexus’s parent company – was dismissed because the complaint was vague and did not sufficiently identify the parts of the vehicle’s brake system which were defective.
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The dismissal order elaborated, “Hagopian repeatedly alleges that the Vehicle “contains one or more design and/or manufacturing defects, including but not limited to . . . brakes that cause a loud squealing noise when the brakes are applied.” This fails to sufficiently identify the component of the brake system that is purportedly defective and merely alleges the effect of the supposed defect (i.e., loud noise). Moreover, Hagopian’s allegations that the brake noise is a result of a defect is not plausible. In the FAC, Hagopian acknowledges that Toyota’s website contains a disclosure stating “brake noise/squeal may result due to the inherent characteristic of the materials and the design of the brake pads.” Thus, it is implausible that a known and disclosed characteristic of the type of high-friction, high-performance brakes used in Hagopian’s Vehicle rendered the brake system defective.”
On Feb. 8, 2021 Eliza Minassian filed a complaint in the same court alleging brake defects in her leased 2018 Porsche Cayenne were evident by the amount of brake squeal produced by the vehicle.
The suit was dismissed after Minassian failed to file motions in a timely manner.