A second hearing in the case of a woman who opted out of a class-action lawsuit to take on Honda in small claims courts over her hybrid Civic's mpg rating has been scheduled for later this month.
The court commissioner in the case asked Tuesday for additional legal arguments and set the next hearing for Jan. 25, according to the Associated Press. Commissioner Douglas Carnahan also wants to know whether there's a statute of limitations in the fraud lawsuit, which Heather Peters filed in connection with a car she bought in 2006.
The commissioner refused to consider a brief filed by Honda's chief counsel because small claims court proceedings prohibit litigants, the AP reported.
At a hearing earlier this month, a Honda engineer was in court to present technical information regarding the hybrid Civic, which Peters said fell well short of the promised 50-mpg rating. He stressed that owners' driving habits can influence mpg results.
Peters took the small claims route after opting out of a class-action lawsuit that involved thousands of Honda owners. She is seeking $10,000.
"How do I feel about this car? Let me count the ways," Peters said after last week's hearing in the case. "I am so disappointed in this car."
The orginal class-action suit in 2007 claimed the Civic hybrid's actual mpg rating fell short of owners' expectations. The proposed settlement was rejected by a California judge in 2010.
A judge in San Diego County is due to rule in March on whether to approve Honda's latest offer. Members of the class-action lawsuit have until Feb. 11 to accept or decline the settlement, which Peters -- a former lawyer -- is encouraging others to reject on her website.
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