May 13 2008
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Law Offices of Hovanes Margarian
13425 Ventura Blvd., Suite 303
Sherman Oaks, CA 91423
I have a 2001 Rav4 which is 99% part of a Class Action lawsuit waiting to become a national law suit.
I contacted a firm that would help me but all they did was send me a questionaire packet. I have all the information but I still have yet to hear from them. and I have a simple question.
Because of the defect in the law suit , my car is dangerous so I am forced to buy a new one and they are willing to take my car and get me into a car that will not put my life in jeopardy.
I still have all the documentation on the attempted repairs and failures. I do not want to spend anymore money and I need to just get a new car.
once I get a new car.
Can I still be part of the class action lawsuit.
I have several other points I need to suit Toyota for because they have inconvienience me to spend all my money on repairs to a vehicle that has not been repair and because of that I have limited my potentials in my career growth, my educational growth, my emotional state, I’ve suffered a large economical impact, and it has effected my life greatly. Not to mention the fact that I overpaid for a vehicle that I thought would last me. I never finished school, I can’t get another job, I have very limited resources because in CA a vehicle is REQUIRED specially because I am a single mother with only 1 income and 1 vehicle.
714-425-9300 vanessa.adan@gmail.com
Thank you for your comment. There are two factors to look into. First you
need to determine if the opt out time has expired in the subject class
action. If it has not and if you intend to sue Toyota on your own for the
full scope of your damages then you need to determine if you need to opt out
and proceed accordingly. However, if the opt out time has expired then you
might be part of the class by default (although some class actions are with
an opt in class - meaning you have to opt in to be part of the class).
Therefore these questions require a bit of research before someone can
answer them. The attorneys handling the class action are the best suited to
give you this information. Or else you could do it on your own or I would
recommend you hire an attorney to do the investigation/research on your
behalf (we can do so if you would like us to but this will require an hourly
retainer). As for the question regarding retaining possession - again it
depends on the terms of the class action settlement. Presuming you are in
the class, the settlement might award those who ever owned the vehicle and
had issues (that would be you) or it might award those who owned and
continue to own (that would be you unless you trade-in the vehicle). Most
class action settlements do include an award for those who owned the subject
vehicle in the past. Therefore, you should still be able to recover but
this is a guess on my behalf. The questionnaire sent to you by the class
attorneys might have the answers you are looking for or it might be geared
towards finding out whether you qualify to be part of the class and what
your remedies are. I would advise you to complete it and to be persistent
in calling them and insisting on speaking with someone knowledgeable about
the lawsuit and your situation. Please do return and comment on here
regarding the award you obtain from the class action, if any. Thank you.
Very truly yours,
Hovanes Margarian
Attorney At Law
Law Offices of Hovanes Margarian
13425 Ventura Blvd., Suite 303
Sherman Oaks, CA 91423
Tel.: 818.990.0418
Fax.: 818.990.1418
hovanes@margarianlaw.com
http://www.MargarianLaw.com