Nissan Wants Transmission Defect Class Action Lawsuit Trimmed

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Nissan argues that a class action lawsuit alleging that the transmissions in Nissan Sentra vehicles are defective should be trimmed of claims for restitution, breach of implied warranty, and others made under state law.

The Nissan transmission defect class action lawsuit claims that Sentra model vehicles starting in 2013 contain a defective transmission.

The Nissan Sentra class action lawsuit alleges that the defect causes the vehicles to shake and jerk unexpectedly, causing a safety hazard for drivers and other motorists.

According to the Nissan transmission defect class action lawsuit, the Nissan Sentras at issue suffer from design and manufacturing issues.

In addition to shuddering, the plaintiffs allege that affected vehicles have trouble accelerating at times and can even stop abruptly.

The plaintiffs in the Nissan transmission defect class action lawsuit amended their original complaint in response to the car maker’s successful arguments to dismiss claims for breach of implied warranty and unjust enrichment. However, Nissan recently argued that the amended complaint should be additionally trimmed.

“Plaintiffs’ equitable claims were specifically dismissed ‘without leave to amend,’ as the court held that ‘plaintiffs have an adequate remedy at law, and consequently are barred from seeking equitable relief,’” pointed out the car maker in its motion to dismiss the Nissan transmission defect class action lawsuit. “Yet the same equitable relief claims appear in the [amended suit].”

The Nissan transmission defect class action lawsuit was trimmed by a federal judge; however, the plaintiffs were given the chance to amend their complaint regarding their claims under Ohio law, as well as for unjust enrichment.

According to Nissan, the plaintiffs are attempting to reargue claims that the judge dismissed without the opportunity to amend.

Specifically, argues the car maker, the Nissan transmission defect class action lawsuit still attempts to claim equitable relief, including a court order requiring the car company to recall and repair vehicles, as well as reimburse owners and lessees.

“Plaintiffs make clear at the outset of the SAC that they ‘seek damages, injunctive and declaratory relief, restitution, disgorgement of profits, attorneys’ fees and costs, punitive damages, and the repair or replacement of class vehicles or refund of money paid to own or lease all class vehicles in the United States,’” points out the car maker in its motion to dismiss the Nissan transmission defect class action lawsuit.

While Nissan acknowledged that the plaintiffs were permitted to amend their complaint regarding unjust enrichment in the Nissan transmission defect class action lawsuit, the car maker argues that this claim should be tossed along with the others.

“Plaintiffs’ claim for unjust enrichment was dismissed (with leave to amend), because ‘Plaintiffs fail[ed] to plead any . . . fraudulent acts in their claim,’” notes Nissan in its motion. “While Plaintiffs appear to have abandoned their standalone claim for unjust enrichment—which was dismissed with leave to amend — the [amended complaint] appears to otherwise seek such relief as an equitable remedy. However, as set forth below, because Plaintiffs’ claims for equitable relief were dismissed with prejudice and Plaintiffs have not otherwise amended their [amended complaint] to assert any viable claim for restitution, Plaintiffs claims for unjust enrichment should be dismissed with prejudice and stricken from the [amended complaint].”

The Nissan transmission defect class action lawsuit seeks to represent Nissan Sentra owners and lessees for model years 2013 and newer.

The lead plaintiffs and proposed Class are represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett, Robert K. Friedl and Trisha K. Monesi of Capstone Law APC.

The Nissan Sentra Transmission Defect Class Action Lawsuit is Falk, et al. v. Nissan North America Inc., Case No. 4:17-­cv­-04871, in the U.S. District Court for the Northern District of California.