Honda Gold Wing Class Action Proposed Settlement

Honda Gold Wing Class Action Lawsuit

3.2.2004
NOTICE OF CLASS ACTION, PROPOSED SETTLEMENT AND HEARING
SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

GREGORY S. AYALA and DAVID BILSKE,on behalf of themselves and all others Similarly situated, Plaintiffs,v.AMERICAN HONDA MOTOR CO., INC.and DOES 1 through 100, Defendants. Case No. BC 285240 CLASS ACTION

NOTICE OF PENDENCY OF CLASS ACTION,

PROPOSED SETTLEMENT AND HEARING

To: All persons and entities within the United States, Puerto Rico and the U.S. Virgin Islands who own Honda Gold Wing GL-1800 motorcycles, model years 2001 through 2003, as of [the date the court enters an Order of Preliminary Approval of the Settlement].

This is a notice of a proposed settlement of class action litigation that may affect your rights. A state court in California authorized this notice. Please read this notice carefully. It describes the proposed settlement (“Settlement”) and those who may be entitled to benefits under it. A court hearing will be held to consider the fairness, reasonableness and adequacy of the Settlement.

You do not need to respond to this notice in order to receive the benefits of the Settlement. However, if you do not wish to participate in the Settlement, you must take the steps described in this notice by April 9, 2004. Otherwise, you may be bound by all of the Settlement terms.

I. WHY SHOULD I READ THIS NOTICE?

You may be a member of the Settlement Class (defined and discussed below). This is a class action lawsuit that the parties have proposed to settle. If the Settlement is approved by the Court, your legal rights may be affected. This notice describes the claims made in this lawsuit and the effect of the Settlement.

II. THE LITIGATION

A class action lawsuit is pending in the Superior Court of the State of California, Los Angeles County, entitled Ayala, et al. v. American Honda Motor Co., Inc., Case Number BC 28524. The lawsuit was filed by two individuals “plaintiffs” on behalf of all persons and entities in the United States, Puerto Rico and the U.S. Virgin Islands who were owners of Honda Gold Wing GL-1800 motorcycles, model years 2001 through 2003, as of February 17, 2004, against American Honda Motor Co., Inc. (“Honda”).

Plaintiffs allege that Honda knowingly sold Gold Wing GL-1800 motorcycles with a design defect that resulted in the overheating of the engine when riding in first gear at steady low speeds. Plaintiffs asserted claims on behalf of all current Gold Wing GL-1800 owners for violations of the Unfair Business Practices Act (California Business & Professions Code §§ 17200 et seq.), the Consumer Legal Remedies Act (California Civil Code §§ 1750 et seq.), reformation of express warranty, breach of implied warranty and fraud in connection with Honda’s design, testing, manufacture and marketing of these motorcycles. Honda denies the claims asserted by plaintiffs and denies that it is liable in any way to plaintiffs or the Settlement Class.