— Honda says a white paint class action lawsuit should be thrown out because the vehicle owner's allegations fail.
Included in the white paint lawsuit are these 2013-present models and their associated white paint codes.
- Acura MDX in White Diamond Pearl paint (Paint Code NH-603P)
- Honda Odyssey in White Diamond Pearl paint (Paint Code NH-603P) or Taffeta White paint (Paint Code NH-578)
- Honda Pilot in Taffeta White paint (Paint Code NH-578)
- Honda Fit in White Orchid Pearl or Bellanova White paint (Paint Code NH-788P)
- Honda HR-V in White Orchid Pearl or Bellanova White paint (Paint Code NH-788P)
According to the Honda white paint lawsuit, the paint flakes, bubbles and peels because of adhesion problems.
Honda allegedly knows about problems with the white paint because certain warranty extensions have been created.
- TSB B19-029 — “Warranty Extension: White Diamond Pearl Paint” for 2014-2016 Acura MDX vehicles painted NH-603P White Diamond Pearl.
- TSB A19-055 — “Warranty Extension: Taffeta White Paint” for 2013 Honda Odysseys and 2014-2015 Honda Pilots.
- TSB A19-064 — “Warranty Extension: NH-788 White Orchid Pearl or Bellanova White Paint” for 2015-2017 Honda Fits and 2016-2018 Honda HR-Vs.
Honda allegedly concealed how the white paint peels and failed to warn customers about the alleged paint problems when the vehicles were first sold. Because of the alleged concealment, any statutes of limitations should be ignored.
Motion to Dismiss the Honda White Paint Lawsuit
Honda argues the plaintiffs are apparently claiming that paint should last forever. But Honda asserts the plaintiffs plead no facts to suggest any paint-related problems are anything more than the "ordinary wear-and-tear a vehicle will inevitably experience after years of exposure to the elements."
Honda further told the judge no plaintiff claims they were denied a paint repair before the warranties expired.
In its motion to dismiss, Honda claims the plaintiffs do not have standing to file a nationwide white paint class action lawsuit because they cannot assert claims from states in which the plaintiffs do not reside.
According to Honda, this means the white paint lawsuit should only include claims based on California, New Jersey and Pennsylvania laws.
Additionally, Honda contends the plaintiffs cannot represent owners and lessees of models not owned by the three plaintiffs who filed the white paint class action lawsuit.
"Plaintiffs purchased model-year 2014, 2016, and 2017 Acura MDXs in White Diamond Pearl paint but seek to represent classes that also include purchasers/lessees of other model-year MDXs, as well as 2013-present Honda Odyssey, Pilot, Fit, and HR-V vehicles (some, in other paint colors). They lack standing to do so." — Honda's motion to dismiss
The automaker also attacked how the white paint lawsuit includes warranty, fraudulent concealment and unjust enrichment claims “on behalf of … [a] National Class.” However, the plaintiffs allegedly do this "without specifying which state(s)’ laws apply."
According to the plaintiffs, Honda knew about paint problems because of online complaints filed by vehicle owners. But Honda says to establish it had knowledge of an alleged paint defect before the three plaintiffs purchased their vehicles, there must be “an unusual number of complaints.”
And in this case, Honda argues there simply are not enough white paint complaints.
"Here, Plaintiffs offer, at best, three complaints that pre-date Toussaint’s purchase 'in 2013'; four that pre-date Hernandez’s lease in “late 2017”; and eight that pre-date Clemmens’ purchase 'in 2019.' This is not 'an unusual number' as a matter of law." — Honda
The fraud-based claims also require pleading that Honda had presale knowledge of the alleged paint defect, but none of the sources referenced by the plaintiffs allegedly plead such knowledge.
The Honda white peeling paint lawsuit was filed by these customers:
- Jim Clemmens / Maryland / 2016 Acura MDX
- Terri Hernandez / California / 2017 Acura MDX
- Marie Toussaint / New York / 2014 Acura MDX
The Honda white paint class action lawsuit was filed in the U.S. District Court for the Central District of California: Jim Clemmens, et al., v. American Honda Motor Company, Inc.
The plaintiffs are represented by Keller Fishback & Jackson LLP, and Squitieri & Fearon LLP.
