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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
Please include my name in the class action suit. I have a 2006 ML350, repaired the balance shaft in Jan 2014 and am now replacing the drive shaft and front differential. Vehicle only has 118k KM (73k miles). Disgusting for a “Luxury brand”.
I need information on this as well. Thanks!!
I have 2006 ML-350 with balance shaft problem. It wont pass smog, engine light is on.
I would like to join the class action suit as well. I am having the same problem with my ML 350.
I purchased a new 2007 R350 in Dec 2006 – I am now getting “Check engine” light and have had to replace the cam sensor. Would be good to get on the class action suit. MB are doing a lousy job of standing behind their implied advertising of “quality “
Can I still file a complaint?–
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.
I would like to join the class action suit as I am facing the same problem om my 2006 ML 350
did you find out how to join the suit?? My car has 76K on it and they are quoting me 7K to fix it
Please include me in the class action lawsuit. My 2006 4Matic E350 makes subtle engine noise with p0016 p0017 engine light intermittently.
I’m a new owner of an ’06 ML350 & thought i was being smart about checking out the pros & cons of owning a MB. Well, apparently i signed the paperd too soon! Just had a shop owner tell about this balance shaft problem!! How do i get in on this lawsuit if i find out the shaft & gears need replacing on my car?
I am also a new owner of a 2006 ML350 and as soon as I drove it off the lot the check engine light came on. The dealer told me it was a bad cam and would cost thousands to fix but the car drives like a dream. Dont know what to do… I am a retired school teacher and now take care of my elderly mom and dad and thought Mercedes would be a reliable car. Years ago I owned a 450 SLC and put 273K miles on it without any major problems. What happened to Mercedes? How can I get in on this lawsuit? Im just sick, I love this car!
My clk320 literally exploded in my front yard. I dont drive anymore so the car had not been driven in monthes (I am 73) so I had removed the plate and insurance ter. I had her call EVERYONE we could think of the car was an 05 only 60000 miles and no help anywhere my health is bad and I really need the money..Any help would be very thankful. We cant afford another car unless Mercedes does the right thing…