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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.
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
235 thoughts onMercedes-Benz Can’t Dodge Defective Engine Class Action Lawsuit
I have a 2009 ml350 110,000 miles.
Check engine light came in.. car engine shakes when at stop lights.. foot off brake. Took it in to get engine light diagnosis… same code. Please add me to this lawsuit.
I have codes P0016 and P0017 on my 2010 Mercedes-Benz GLK350 4Matic. Is it a common problem in all Mercedes Benz vehicles? could i be added to the law suit please.
I have a 2005 clk280 v6 with p0016 code , is this covered by the action and if so how do i make a claim
LaVell Davenport
P0016 and p0017 2007 ml350
Can I be added to this suit
I Have a 2006 ML350, my engine light is on, and after an emissions test it came back with the code P0016 and P0017. Please add me to this Estimates to fix were $7,000.
My 06 SLK 350 has the cam shaft out of time and P0016. How do can I get involved with the lawsuit?
How can I file a claim …I have a 2006 ml350 with the same code p0016 and p0017
My 2006 ML 350 with 40,000 miles has check engine light on again. Came on in 2009 while under warranty and service dept. just turned it off. Estimate over $7,000.00 to repair. How do I get added to the lawsuit.
I have a ML350 2006, and I want to join the suit! I have a total lemon
I Have a 2006 ML350, my engine light is on, and after an emissions test it came back with the code P0016 and P0017. Please add me to this lawsuit.
How do i get added to the lawsuit my 2007 ml350 is having same issue.