Mazda Asks Judge to Trim Clutch Defect Class Action Lawsuit

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Last week, Mazda Motor Corporation and Mazda Motor of America Inc. fought back against a class action lawsuit accusing the carmaker of concealing a clutch defect in certain Mazda 3 vehicles, asking a judge to dismiss several individual claims from the litigation.

Mazda argues that the plaintiffs have brought forth several claims that should be dealt with on an individual basis and therefore their claims should be dismissed from the clutch defect class action lawsuit.

Further, Mazda claims that the plaintiffs have asked the auto maker to cover replacement costs for the alleged clutch defect even though premature clutch failure can occur through a number of causes.

“Common sense dictates that there is no way to distinguish between premature clutch failure due to (a) operator misuse or abuse; (b) harsh driving conditions; (c) insufficient maintenance; (d) ordinary wear and tear; or (e) an alleged defect without inspecting each specific clutch assembly that experienced a clutch assembly component failure,” Mazda argues in its motion to dismiss claims from the clutch defect class action lawsuit.

Mazda says that there are 11 named plaintiffs in the clutch defect class action lawsuit who did not purchase or register their vehicles in California. Therefore, they don’t have viable claims under California law, the automaker states.

Mazda points to the Song-Beverly Act and the Secret Warranty Law, which allegedly don’t apply outside of California.

The automaker also claims that other consumer law claims are governed by the laws of the state in which the vehicles were purchased.

Therefore, the 11 plaintiffs who did not purchase their Mazda 3 vehicles in California cannot bring claims under California’s Consumer Legal Remedies Act of Unfair Competition Law, Mazda argues.

Therefore, their claims should be dismissed, according to Mazda.

The Mazda clutch defect class action lawsuit was filed in April by a group of plaintiffs who accused Mazda of knowing about a defective clutch release assembly that affected certain Mazda 3 vehicles and failing to warn consumers about the clutch defect for more than a decade.

The plaintiffs assert that model year 2010-2015 Mazda 3 vehicles with 5-speed and 6-speed manual transmissions are equipped with a defective clutch release assembly.

Specifically, the Mazda class action lawsuit states that the clutch release levers, bearings and pins are defective and can cause premature wear on the vehicles’ transmission.

Affected car owners have reportedly been forced to replace their transmissions, incurring significant costs.

Further, the Mazda 3 class action lawsuit asserts that the clutch defect poses a serious safety risk, as the engine may, without warning, become inoperable.

“The defect can manifest at highway speeds or in dangerous driving conditions, subjecting the driver and occupants of class vehicles, others on the road, and pedestrians to an increased risk of accident, injury, or death,” the Mazda 3 clutch defect class action lawsuit asserts.

The plaintiffs are represented by Richard D. McCune, David C. Wright, Joseph G. Sauder and Matthew D. Schelkopf of McCuneWright LLP and Bryan Clobes and Daniel Herrera of Cafferty Clobes Meriwether & Sprengel LLP.

The Mazda Clutch Defect Class Action Lawsuit is Gonzalez, et al. v. Mazda Motor Corp., et al., Case No. 3:16-cv-02087, in the U.S. District Court for the Northern District of California.

UPDATE: On Jan. 5, 2017, a California federal judge trimmed the class action lawsuit alleging certain Mazda automobiles have defective clutches.