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ROBERT HOWARD v FORD MOTOR COMPANY Click to find out why . . .



Keywords & Phrases
CaseNo: RHVFMC178914, CourtCode: SM, CourtName: SIGNIFICANCE OF THE CALIFORNIA SUPREME COURT RULINGS IN KRUUS V. TRINIRY MANAGEMENF SERVICE, INC.,, Plaintiff: ROBERT HOWARD, State: IA Iowa, UniqueCaseRef: LCD>RHVFMC178914, Evidence, Ford, Tfi Module, Civil, Ucl, Vehicles, California, Safety, Failure, Ignition System, Warranty, Class Vehicles, Consumer, Pursuant, Testimony, Electronics, Nhtsa, Epa, Tsa, Doijcilhs Curran, Unfair Competition Law, Lhe Equitable Provisions, Triniry Managemenf Service, Purolator Air Filtration, Air Filtration Products, Written Request, Proposed Stakmunt , ContentID: 120245861

Case Documents
1   STATEMENT-OF-DECISION
[ see first page and extracted highlights below  ] ItemID: 112642
16 pages
PDF
Total Documents: 1 document , 16 pages
Price: $ 19.95


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1 . STATEMENT-OF-DECISION

EXTRACTED KEY WORDS
FORD
TFI MODULE
COURT
CIVIL
UCL
VEHICLES
LAW
CALIFORNIA
SAFETY
FAILURE
IGNITION SYSTEM
WARRANTY
CLASS VEHICLES
CONSUMER
DEFENDANT
PURSUANT
TESTIMONY
ELECTRONICS
NHTSA
EPA
TSA
DOIJCILHS CURRAN
UNFAIR COMPETITION LAW
LHE EQUITABLE PROVISIONS
TRINIRY MANAGEMENF SERVICE
PUROLATOR AIR FILTRATION
AIR FILTRATION PRODUCTS
WRITTEN REQUEST
PROPOSED STAKMUNT
                                                                                                   
                                                                                                   
                                                                                                   

                                                                                                   





       ROIMXI`  IIOWARD,                 SUSAN  VON  KITTBR,                         No,  7637852
       DOIJCiLhS  CURRAN.  KIRK  MORGANSON,
      and JERKY  MACALA,  on  behalf  ol'thcmselves                                             
      and all  others  similarly  situated,                                                       
                Pluintitk                                                                          

             VS.


      I':OKD  MOTOK  COMPANY,  and DOES  I-100,
       inclutiive.
                Delkndants.
      -                                                                               Hon.  Michael





             This  is  an  action  brwght  under  the  Unfair  Competition  Law  (htrealkrr  UCL) 
Prokkons                Code  sectiotis  17200,  et.  seq.),  Plaintiffs  also  seek  relief,  in 
under  lhe  equitable  provisions  of  Consumers  J&gal  Remedies  Act  (hcrcafier  CT.Rh  (Civil 
sections  1750,  et.  seq.,  specifidy,              civil     code     section  1780(a)(3),       



             ISaving  heard  all  of  the  evidence  hcrcin  on  the  non-jury  issues  in  a

having  received  cxtcnsive  briet'ing  from  the  partics  (an  Opening  Trial  Brier  liom 
rcspwsive  Trial  Brief  from  dalbndant~,  a  &ply  Trial  Brief  from  plaindfls,  a  Sumply 
defb-kmt             .  31  %wmhuttd     Rrief     from  plain#fs).              FISTIC  with 



                                                                           I



significance  of  the  California  Supreme  Court  rulings  in  Kruus  v.  Triniry  Managemenf 
23  Cal.  4th  116 (2003  and  Cort~z  w Purolator  Air  Filtration  Products,  Co.,  23  Cal  4th 
SNIPPETS:
  • DOIJCiLhS CURRAN.
  • This is an action brwght under the Unfair Competition Law (htrealkrr UCL) (Business md
  • under lhe equitable provisions of Consumers J&gal Remedies Act (hcrcafier CT.Rh (Civil Code
  • significance of the California Supreme Court rulings in Kruus v. Triniry Managemenf Service,
  • Decision, and Ford's Objections to Proposed Statement of lkcision, the court now issues this
  • establish, by a prcponderancc of the evidence, proof or "ill gorten gains" in thu form of
  • appoint expert witnesses, as the Referee deems appropriate, address discovery disputes, and
  • The cost of any such Referee, including fees, administrative expenses, and any expefl witness
  • The original Dumspark technology called for rem& mounting at least in part because Ford knew
  • l'he argument by I'eaheny and his cnginccrs 10 place ignition electronics in lhc pa.%enger
  • Aflcr tie failure of lhc Duraspark technology, in the early 198Os, Ford decided to use "thick
  • Ford knew, from the very bqjnning of rhe shiA to electronic technolom, that the TFI module
  • Ford instilled TFI modules on the distributors of approximately 23 milli.oti vehicles ii
  • TX 139 at TSA 004030-3 I; TX 273 at TFI4 3852; TX 283 at TF14 4001; TX 308; TX 327; TX 385;
  • Ford's contention that there is TIO signiticant diflcrence in remote mounted TFI module
  • NHTSA served in those investigations, notwithstanding its own warranty expericncc and
  • Administrator for Safety Assurance) was that Ford should have included, in response to NIWA
  • It was no1 for Ford to decide what "safety" meant, or what levels of warranty returns
  • Ford never made my guch disclosure to either the govcmmcnt or tn any consumer.
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