Toyota's Statement: Motion to Dismiss Second Amended Consolidated Complaint
May 16, 2011
"Toyota is pleased that Judge Selna has invited the parties to seek consideration from the 9th Circuit Court of Appeals on key rulings that could have a significant impact on the case. The rulings at issue relate to which plaintiffs have properly presented claims under the US Constitution and California statutes."
“Although Toyota is confident that no defect exists in its Electronic Throttle Control System, at this early stage of the litigation the Court is required to accept as true all of the factual allegations made by plaintiffs' counsel in ruling on Toyota's Motion to Dismiss. The burden is now squarely on plaintiffs' counsel to prove their allegations, and Toyota is confident that no such proof exists."
“Plaintiffs’ counsel is still chasing a phantom theory of a defect in Toyota’s Electronic Throttle Control System that they remain wholly unable to identify. We look forward to the time when the science and engineering behind Toyota’s Electronic Throttle Control System are given a full and fair evaluation by the court. Toyota is confident that the evidence will confirm what millions of Toyota drivers prove every day: that they can depend upon their vehicles to provide safe, reliable transportation.”