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Mercedes-Benz Can’t Dodge Defective Engine Class Action Lawsuit
By Dominic Rivera
United States District Court Judge Thelton E. Henderson has refused Mercedes-Benz’s motion to dismiss a class action lawsuit alleging that the company sold defective M272 and M273 engines that required costly fixes. The judge did, however, trim some claims.
Plaintiffs Majeed Seifi and Tracey Deakin sued Mercedes-Benz last year, alleging that its V-6 M272 engines installed in many models, including the C230, contain defective gears in their balance shafts that wear out prematurely, excessively and without warning. In the same manner, the class action lawsuit states that the V-8 M273 engines, installed in models including the E500, have defective idle gears that have similar issues.
Seifi is the owner of a 2006 Mercedes ML350 SUV with M272 engine. At 70,000 miles, his SUV’s check engine light went on. The dealership informed him that the vehicle had a defective balance shaft gear that required replacement that would cost him $6,000. He was also informed that his vehicle was not covered by warranty, forcing him to pay for repair, according to the class action lawsuit.
Meanwhile, Deakin’s ML350 SUV had misfiring issues without warning. The dealership told Deakin that it was a defective balance shaft gear. Because it was out of warranty, Deakin had to shoulder almost $7,000 for repair, the class action lawsuit says.
Plaintiffs said that Mercedes-Benz knew about the defects in the balance shaft gears in M272 engines and the idle gears in M273 and concealed the information. They further alleged that Mercedes Benz made misrepresentations about the reliability of its vehicles with M272 and M273 engines.
In seeking to dismiss the class action lawsuit, Mercedes-Benz argued that the plaintiffs had only purchased cars with one of the two engine models named in the lawsuit. Citing the Consumers Legal Remedies Act (CLRA), which the plaintiffs claimed to have been violated by Mercedes-Benz, the defendant said that one cannot demand damages on products that plaintiffs did not buy because they do not have standing to do so. Both Seifi and Deakin have M272 engines.
In his October 10 order, the Judge said that Mercedes-Benz’s motion to dismiss the claims for express warranty and CLRA money damages for vehicles containing the M273 engine is granted. The motion to dismiss the CLRA money damages claim is denied. Meanwhile, the motion to strike the class action lawsuit in its entirety is also denied.
The order calls for any amended complaint by the Plaintiffs to be filed no later than November 8, 2013. Failure to submit an amended complaint would mean dismissing the express warranty claim and CLRA money damages claim to vehicles with M237 engine, the judge ordered.
The plaintiffs are represented by Roy A. Katriel of the Katriel Law Firm and Gary S. Graifman of Kantrowitz Goldhamer & Graifman PC.
The Mercedes-Benz Engine Defect Class Action Lawsuit is Majeed Seifi, et al. v. Mercedes Benz USA LLC, Case No. 3:12-cv-05493, in the U.S. District Court for the Northern District of California.
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235 thoughts onMercedes-Benz Can’t Dodge Defective Engine Class Action Lawsuit
me to add me to the lawsuit ml 350 had a recall where they replaced the sensors and 2 days later they came back on and the mercedes benz dealership is trying to blame the customer for not changing the oil but we change it on time.power steering leaking needs to be investigated had this problem investigated by 2 different benz mechanic shops point auto service. check with point auto service 6612994027 they are seeing this problem over and over again. and unacceptable this will be the last mercedes i purchase lexus makes a makes a much better product and warranty if anyone has any questions call me mr Davie 8187312109
I am the original owner of a 2007 R350 that is now having P0016 and P0017 error codes appearing. MBZ has estimated the repair cost will be approximately $7,000. I would like to be added to the lawsuit.
I got the same problem add me please
German cars are Pandoras boxes. Own one and get cursed! I once owned a BMW 3 series, Mercedes E 550 and two VWs over the years, and the ownweship experience was a very, very costly and hostile experience.
2006 e350 replaced all magnets. Still getting 0016 error code. Add me please to suit!!
I received a letter a few months back saying my vehicle was in the claim but I haven’t heard anything lately. My car is in need of repair and I was looking for some help. Its just sitting in the driveway.
Hola igual tengo problemas con e350 arbol de leva , año 2007 y solo 40,000 millas
I HAVE THE SAME PROBLEM P0016 AND P0017 CODE , OF MY 2007 E 350. SOME TIMES IM THINKING DRIVE THIS CAR IN FRONT OF THE DEALER BURN IT IN FRONT OF THEM. IM SORRY IM JUST FRUSTRATED AND I HOPE THEY WILL SOLVE THIS PROBLEM. SIGN ME IN THIS LAWSUIT I THINK THIS THE RIGHT TO DO THAN …
Hey everyone. Have a 2007 c230 with around 90k. Love my car but same prob with camshaft issue. Mercedes needs to step up or i will never buy another one. I want to join the lawsuit and have my car fixed thru Mercedes and by Mercedes. Had a Jeep before with no probs at 140k so there is NO excuse for a top tier carmaker to have this sort of problem. Never thought Id consider a Hyundai but the Genesis is beautifully made with outstanding warrranty and customer satisfaction. Geeze Mercedes, we’re all just asking for u to stand behind your own product.
I bought a 2009 C230 in 2012 used certified from an MB dealership in Canada. All service/warranty work was done at MB dealer. I am now having the same issue with the propeller drive shaft. Car is at the dealer as I type this. I was told it will be a $2700.00 + tax fix. Said they are not sure if any other parts were damaged as a result of the propeller breaking apart. They will know on Monday – could be transmission damage. How do I join the class action?
What is the simple check I should have done, Tom? Im at 57,000 miles.