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Nissan is seeking dismissal of several claims from a class action alleging transmission defects in certain model years of Nissan Sentra vehicles.
The company filed its motion for dismissal on Friday, seeking to pare away claims by plaintiff Waldo Leyva that the company’s Xtronic continuously variable transmission is prone to overheating and failure.
Leyva says the allegedly defective transmissions were installed in Nissan Sentra vehicles from model years 2012 through 2017.
In Nissan’s motion for dismissal, the company argues Leyva’s equitable claims for unjust enrichment, restitution, disgorgement, and injunctive relief should be dismissed because Leyva has adequate legal remedies available.
Nissan says Leyva’s claim for restitution fails by itself because he can’t show that Nissan ever received money from him. The company notes Leyva purchased his vehicle from dealership Pedder Nissan, not directly from Nissan.
Claims for unjust enrichment are precluded because there is a written warranty that addresses the issue of defects, Nissan claims.
The company argues Leyva’s claim for breach of implied warranty under California’s Song-Beverly Act fails because Leyva drove his Nissan Sentra safely for over 60,000 miles, proving the vehicle was merchantable as a matter of law. Claims under the federal Magnuson-Moss Warranty Act fail because Leyva did not avail himself of the dispute resolution process that Nissan purportedly requires for such claims.
His claim for a court declaration should be dismissed because it simply duplicates the other claims in his Nissan class action lawsuit, the company says.
Leyva filed this Nissan class action lawsuit in September 2017. He alleges the Xtronic continuously variable transmission in his Nissan Sentra was made with a faulty cooling system that allows the transmission to overheat.
Overheating can make the transmission prone to malfunction and premature wear Leyva says. It can also trigger a failsafe mode that impairs vehicle performance and reduces the driver’s control over the vehicle, creating a risk of crashing.
Leyva says his own 2015 Nissan Sentra had trouble getting up to speed even shortly after he bought it. After he owned and drove it for about two years, he was told by a Nissan dealer technician that his transmission had failed and needed to be replaced.
Many Sentra owners have complained about the alleged defect, Leyva says, putting Nissan on notice of the problem. Complaints filed with the National Highway Traffic Safety Administration report stalling, poor acceleration, clunking noises, and loss of control.
Leyva seeks to bring claims on behalf of a nationwide Class of all U.S. individuals who purchased or leased a Nissan Sentra from model years 2012 to 2017 that was equipped with an Xtronic constantly variable transmission. He also proposes three subclasses for purposes of bringing claims under California consumer protection law.
Leyva is represented by attorneys Jordan Lurie, Cody Padgett, Karen Wallace and Tarek H. Zohdy of Capstone Law APC.
The Nissan Sentra Transmission Defect Class Action Lawsuit is Waldo Leyva v. Nissan North America Inc., Case No. 5:17-cv-01870-FMO-SHK, in the U.S. District Court for the Central District of California.
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35 thoughts onNissan Moves for Dismissal in Transmission Defect Class Action
I have a 2015 Nissan Sentra and it started to have problems at 80,000 miles but now we have had to have a transmission replaced due to the faulty transmission. I want to join the class action lawsuit against Nissan. Please let me know what I need to do.
By the way, the car only has 80,000 miles. No other problems except the transmission. Warranty for the transmission ended in February 2019. Very unfortunate. Will never buy from Nissan again.
By the way, the car only has 80,000 miles. No other problems except the transmission. Warranty for the transmission ended in February 2019. Very unfortunate. Will never buy from Nissan again.
I have a 2013 sentra. It has 60k and 6 years old. The transmission over heated and slowly started to bog down. I am the 2nd owner and have only had it 3 years. It had 43k when I got it. I replaced the transmission and it was $4,200. They said the transmission fluid should’ve been changed every 30,000 miles, how am I supposed to know that without going to a dealer for all my services? The service guy told me that they’re the only ones that know about it. My other service people wouldn’t have been able to tell me that it needed changed every 30,000 miles. I think that it’s a bunch of BS! Now they’ve offered me partial reimbursement in the amount of $750, above market value for the car, and a “friends and family discount” to trade my car in for a replacement vehicle. I am wondering if I can still get reimbursed if I sell this vehicle once this lawsuit is all said and done. Any other information pertaining to the lawsuit would be greatly appreciated. Thanks.
We have a 2012 Sentra with 76k mileage and the same deceleration issues. ODB code of P074 Clutch Solenoid and I have been told the transmission needs replacement. What’s going on with this class action suit? I can’t find anything new on the web.
I have a 2014 Nissan Sentra that i financed about 7 months ago and just a week ago it stopped driving on the freeway and i was just able to get off in time before it completely stopped. Got it to the shop and they said the tranny was bad and the fluid was burned up. So now i have to pay for a new tranny on top of paying for a supposed to be new car
Currently suffer from the faulty transmission after only having the car 2 years and 76k miles in. How do we join the class action lawsuit is my question?
I am having the same issues and my Sentra is a 2015. I know there is a recall on the vehicle but it has nothing to do with the transmission. My engine light will come on alot and when it rains…it goes off. I have been trying to get my car serviced for over 3 months and everytime I make an appointment, I am told that I would have to wait 3 hrs before they can start on my car and it’s going to take another 3hrs for them to fix it. Yeah, a bunch of B.S….its like they are prolonging the issue at hand so it will cost me thousands of dollars in the end. I am sick of Nissan at this point.