Brigette Honaker  |  March 6, 2020

Category: Auto News

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Mercedes Benz logoMercedes-Benz recently argued that a class action against them should be dismissed on the grounds that the emissions parts are not covered by warranties.

In his Mercedes-Benz class action, plaintiff Cory Hazdovac claims he was wrongfully charged for repairs of the coolant thermostat, vacuum pump and coolant pump in his 2015 Mercedes-Benz C300.

According to Hazdovac, these parts cost him $1,300, despite being covered by a special extended warranty for “high-priced” emissions parts in California.

The company maintains that the parts Hazdovac paid for are not covered under warranty. Mercedes-Benz argues that the California emissions parts special warranty covers only a select number of parts.

According to the California Air Resources Board, each manufacturer is responsible for identifying the “high-priced” warranted parts covered under the special state warranty. Mercedes-Benz argues that, since the parts were not included on the list, Hazdovac cannot arbitrarily claim that his repairs were supposed to be covered under a warranty.

“In an effort to rewrite the terms of his written warranties years after they issued, plaintiff now alleges that Mercedes-Benz should have included certain parts in the HPP warranty, but instead excluded them so that MBUSA could reduce its payout on ‘warranty related repairs and claims,'” the automaker says.

“This theory of the case does not give rise to the wholly fraud-based claims plaintiff alleges and, indeed, fails to state a claim at all.”

Mercedes-Benz also takes issue with Hazdovac’s claims of fraudulent misrepresentations and omissions. According to the luxury car company, the warranty terms for Hazdovac’s C300 were not misrepresented and did not contain any omissions because he “was not promised anything that he did not receive.”

Based on this, Mercedes argues that claims under California’s Unfair Competition Law and Consumers Legal Remedies Act should be dismissed.

“Plaintiff does not identify any provision of the HPP warranty that extends beyond the listed parts, or any other basis for such a belief grounded in an act by MBUSA that his coolant thermostat, vacuum pump or coolant pump were covered by that warranty,” Mercedes-Benz states in their dismissal motion.

“Nor can plaintiff credibly claim MBUSA refused to honor the terms of its warranties when he sought and was denied warranty coverage for parts that are, again, admittedly not included on the list.”

Hazdovac brought his Mercedes-Benz class action lawsuit in California state court in December 2019, although the suit was later removed to federal court. According to Hazdovac, his repairs should have been covered by California’s warranty terms. However, he was allegedly forced to foot the bill because Mercedes intentionally fails to identify all of the “high cost emission warranty parts” in their vehicles.

Did you have to pay for costly auto repairs which you believed were covered under warranty? Share your experiences in the comments section below.

Hazdovac and the proposed Class are represented by Ari Y. Basser and Jordan L. Lurie of Pomerantz LLP.

The Mercedes-Benz Emissions Warranty Class Action Lawsuit is Hazdovac v. Mercedes-Benz USA LLC, Case No. 3:20-cv-00377, in the U.S. District Court for the Northern District of California.

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3 thoughts onMercedes Wants Emissions Class Action Lawsuit Dismissed

  1. Mary Jackson says:

    Add me please

  2. Larry Carson says:

    Add me .

  3. Robert says:

    add me

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