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BASIC INFORMATION
1. Why is this notice being posted? Answer:
This notice was posted to provide information for anyone who may currently own or lease, or previously owned or leased, a “Class Vehicle,” which are Acura MDX (2010-2013), RL (2011-2012), TL (2009-2014) and ZDX (2010-2013) vehicles with the “J37” engine sold in the United States, including its territories and Puerto Rico.
This notice was posted to alert you to a proposed settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the settlement. This notice explains the lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of the case is the Superior Court of the State of California, County of Los Angeles, Case No. BC606392. The people/entities who sued are called Plaintiffs, and the company they sued, American Honda Motor Co., Inc., is called the Defendant.
2. What is this lawsuit about? Answer:
The lawsuit alleges that Class Vehicles may exhibit “excessive oil consumption,” which is caused by an alleged defect in the Class Vehicles’ engines. The lawsuit does not seek money for any personal injury claims. Instead, Plaintiffs claim they lost money as a result of buying or leasing a car with a claimed defect that causes excessive oil consumption, and that they subsequently had to pay to repair the vehicles due to oil consumption. Honda denies that it did anything wrong.
3. Why is this a class action? Answer:
In a class action lawsuit, one or more persons, called class representatives, sue on behalf of other people who have similar claims. All of these people are members of the proposed Class or proposed class members. One court decides whether any proposed class can be certified and if so, then resolves the issues for all class members. Los Angeles Superior Court Judge Daniel J. Buckley is overseeing this proposed class action.
4. Why is there a settlement? Answer:The Court did not certify a litigation class or decide in favor of Plaintiffs or Honda. Instead, both sides agreed to a settlement. That way, they avoid the cost of a trial, and the people affected will get the benefit of the settlement without further delay. The class representatives and the attorneys think the settlement is best for the proposed classes.
WHO IS IN THE SETTLEMENT
To see if you will benefit from this settlement, you must first decide if you are a settlement class member.
5. How do I know if I am part of the settlement class? Answer:
If you are still not sure whether you are included, you can get more information by looking at other information on this website. If you need help understanding your rights, you can call Class Counsel listed in “Contract Information” section on this settlement website.
Judge Buckley decided that everyone who fits this description is a settlement class member:
All residents of the United States, Puerto Rico, and all U.S. territories who currently own or lease, or who previously owned or leased, a Class Vehicle.
Excluded from the Settlement Class are: (1) Honda, its related entities, parent companies, subsidiaries and affiliates, and their respective officers, directors, and employees; (2) insurers of the Class Vehicles; (3) all persons and/or entities claiming to be subrogated to the rights of Class Members; (4) issuers or providers of extended vehicle warranties or extended service contracts; (5) individuals and/or entities who validly and timely opt-out of the settlement; (6) individuals or businesses that have purchased Class Vehicles previously deemed a total loss (i.e. salvage) (subject to verification through Carfax or other means); (7) current and former owners of a Class Vehicle who previously have released their claims against Honda with respect to the issues raised in the litigation; (8) United States, Puerto Rico, and U.S. territory residents who have purchased Class Vehicles in the United States but have since transported the vehicle outside the United States for permanent use abroad; and (9) any judge to whom this matter is assigned, and his or her immediate family (spouse, domestic partner, or children).
6. If my Class Vehicle has not experienced oil consumption, am I included? Answer:Yes. All persons or entities who own or lease (or previously owned or leased) a Class Vehicle in the United States (including its territories and Puerto Rico, and who are not listed as excluded above) are members of the Settlement Class. The extended warranty coverage described below will apply to your Class Vehicle should you experience oil consumption in the future.
THE SETTLEMENT BENEFITS—WHAT YOU GET
8. What does the settlement provide? Answer:
In this lawsuit, Plaintiffs alleged that Class Vehicles may exhibit “excessive oil consumption,” which is caused by an alleged defect in the Class Vehicles’ engines. Plaintiffs also argued that owners and lessees of Class Vehicles with expired warranties were turned down by Acura dealerships for warranty coverage and had to pay for piston repairs or piston replacements out-of-pocket at Acura dealerships or third party repair facilities.
This settlement provides reimbursement for valid and eligible “Out-of-Pocket Costs” incurred prior to February 28, 2020. An Out-of-Pocket Cost is money you paid an Acura dealership or third party repair facility for a “Piston Repair” (a repair or replacement of the “Piston” and/or “Piston Ring” in a Class Vehicle due to an excessive oil consumption complaint) during the “Powertrain Warranty Period” (8 year/125,000 mile (whichever occurs first) period from the date of the original sale or lease of a Class Vehicle), and that was not otherwise reimbursed by insurance, warranty or goodwill.
The settlement also provides a warranty extension. Honda will cover under warranty
the costs for a Piston Repair related to a confirmed excessive oil consumption complaint during the Powertrain Warranty Period or, if applicable, during the Powertrain Warranty Gap Period.
The Powertrain Warranty Gap Period is the six (6) month period after the settlement becomes “effective” and applies only to Class Vehicles that are outside the Powertrain Warranty Period when the settlement becomes “effective” and have not had a prior Piston Repair for which a claim for an out-of-pocket cost can be made. Check back on this settlement website for information on when the settlement becomes “effective.”
9. Is my Class Vehicle affected? Answer:Only a limited number of owners or lessees of Class Vehicles have reported an oil consumption complaint. Not every owner or lessee of a Class Vehicle will experience oil consumption. If you experience such oil consumption, take your Class Vehicle to an authorized Acura dealership during the Powertrain Warranty Period to see if the oil consumption you may be experiencing is caused by a piston or piston ring problem covered by this settlement.
10. What repairs are available? Answer:If your Class Vehicle experiences a confirmed oil consumption problem during the Powertrain Warranty Period (or if applicable, Powertrain Warranty Gap Period), you will get a Piston Repair covered by Honda’s warranty.
11. Will I have to pay for the repairs? Answer:No, if you vehicle is brought in for a repair during the Powertrain Warranty Period (or, if applicable, the Powertrain Warranty Gap Period), and the oil consumption complaint is confirmed to have been caused by a problem with the Class Vehicles’ Piston or Piston Rings, the repair will be covered by warranty. The Acura dealer will diagnose your vehicle and provide parts and labor for a Piston Repair at no charge.
12. How is it determined if I have excessive oil consumption? Answer:Procedure For Testing To Determine If Excessive Oil Consumption Exists
The procedure used to evaluate whether a Class Vehicle is experiencing "excessive oil consumption" under the warranty extension provided pursuant to this settlement is the same procedure that applies under the Class Vehicles’ original warranty. If you believe your Class Vehicle’s engine is consuming excessive oil, please go to an Acura dealership. Once there, the following steps will be followed:
1) Your vehicle will need to be topped off with oil to start the oil consumption test.
2) The service department at the dealership may ask you questions about your vehicle’s oil service history, including, for example, whether you top off the engine oil in between oil change service visits.
3) You will be provided an engine oil consumption test form, and the starting mileage on your vehicle will be recorded.
4) The service advisor will provide you with instructions on how to check the engine oil level (as needed or at various intervals), what information you may need to record on the test form, and when to return to the dealership (this is usually after 1,000 miles of driving, which for most consumers is in about 30 days).
5) Upon your return to the dealership, the dealer will determine how much oil (if any) your vehicle consumed during the approximately 1,000 mile trip.
6) Your vehicle’s engine oil consumption is “excessive” if the oil consumption rate is 1 quart or more every 1,000 miles.
7) If your oil consumption is excessive and your vehicle is within the Powertrain Warranty Extension Period (8 year/125,000 miles (whichever occurs first)), you will be provided a warranty repair that addresses the excessive oil consumption in your vehicle.
THE LAWYERS REPRESENTING YOU
13. Do I have a lawyer in this case? Answer:The Court has decided that lawyers from the Margarian Law Firm are qualified to represent you and all members of the settlement class. This law firm and the attorneys representing the class are called “Class Counsel.” You will not be charged for these lawyers. If you want to be represented by your own lawyer, however, you may hire one at your own expense. You may contact Class Counsel by clicking here.
14. How will Class Counsel be paid? Answer:Class Counsel will ask the Court to award attorneys’ fees and litigation expenses up to $644,740.00. Once a motion has been filed for fees and litigation expenses, it will be posted on this settlement website. The Court may award less than the amounts requested.
Class Counsel will also ask the Court to award payments to the two plaintiffs (“Class Representatives”) to compensate them for their efforts in bringing this lawsuit (a “Service Award”). Class Counsel will seek $5,000 combined for the two Class Representatives. The Court may award less than this amount. The amount paid by Honda for attorneys’ fees and litigation expenses, and for a Service Award, will not reduce the amount paid to class members in this settlement.
Honda will also separately pay the costs to administer this Settlement.
OBJECTING TO THE SETTLEMENT
15. How do I tell the Court that I don’t like the settlement or the attorney’s fees to be paid to Class Counsel? Answer:
If you are a Class Member, you can tell the Court that you object to the settlement and/or proposed attorneys fees and explain why you think the Court should not approve it. To object, you must send a letter to the following address saying that you object to the settlement on or before June 5, 2020.
Claims Settlement Administrator
P.O. Box 2718
Torrance, CA 90509
Toll Free 888-888-3082
Your objection must include (i) a reference to Kojikian v. American Honda Motor Co., Inc., Case No. BC606392; (ii) your full name, current address, and current telephone number; (iii) the year, model, and vehicle identification number (VIN) of the Class Vehicle that you own or lease or previously owned or leased; (iv) copies of any papers, briefs, or other documents upon which the objection is based; (v) a list of all persons who will be called to testify in support of the objection (if any); (vi) a statement whether you intend to appear at the fairness hearing; (vii) a statement of the position(s) you wish to assert, including the factual and legal grounds for the position; and (viii) your signature or if you are represented by counsel, your counsel’s signature.
THE COURT’S FAIRNESS HEARING
16. When and where will the Court decide to approve the settlement? Answer:The Court will hold a fairness hearing at 11:00 a.m. on July 14, 2020, in the Superior Court of the State of California, County of Los Angeles (Dept. 1), located at 312 N Spring St, Los Angeles, CA 90012. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are objections, the Court will consider and rule on them at that time. Judge Buckley may listen to class members who wish to speak to the Court about the settlement at the hearing. The Court may also decide how much to pay Class Counsel and whether to approve Class Representative payments. After the hearing, the Court will decide whether to approve the settlement. We do not know how long it will take for the Court to make its decision.
Update (10/14/2020): The NEW final approval hearing date for the settlement is November 6, 2020 at 8:30 a.m. in the Los Angeles Superior Court, Dept. F47, located at 9245 Penfield Avenue, Chatsworth, CA 91311.
18. May I speak at the hearing? Answer:If you would like to speak at the hearing about your objections to or support for the settlement, you may do so. If you have objected by sending in a written objection, you are not required to appear at the hearing to have your objection considered.
GETTING MORE INFORMATION
19. Are there more details about the settlement? Answer:The Class Notice available on this settlement website summarizes the proposed settlement. Further, additional details are in the Amended Settlement Agreement and Release. You can download a paper copy of this settlement agreement on this website.
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