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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
I own a 2005 C230 with approx 125,000 KM and am having the same type of engine problems. The check engine light continues to come on even after replacing the oxygen sensor for approx $700. The engine light has come back on and now the independent garage is telling me I need a new harness which will cost approx $1500 and there could also be a problem with the computer system which could amount to thousands more in expenses. Please let me know how to get included in the actions against MB. We can’t afford to keep putting money in this car yet we can’t afford to sell it as we won’t get much money for it with all these known problems. Please help us!!
2008 ml 350 with 138k in canada how can I get my name on this class action my car is at the dealer right now with the same error code this could be my 3rd and last MB.
Same problems here…I been fighting MB for almost 3 years… I want part of this suit…
I need a new balance shaft too. Cost $7,500. CLK280, 2006.
Please add me to the lawsuit too.
I live in Australia.
Does anyone know if this applies to 2009 C300 ? My mechanic says I have the 272/273 engine, he also says to get the MOBIL 1 oil the dealer put in my car OUT !! Reccomends AMSOIL or Castrol Sythenthic Oil.
Additionally he says they have the same cars and engines in Europe and don’t have this problem because they don’t use MOBIL 1……
He know all about this Class Action Lawsuit.
Your mechanic is an idiot, ALL Mercedes use Mobil 1 , and yes the european, South African, Australia,n Russian cars that have a 272 motor within the range have the same problem it is not an oil issue, it is a bad gear issue.
The problem is caused by improper heat treatment of the balance shaft. The brand of oils has about as much to do with it as the amount of rainfall in africa does.
I too have this problem owning a 2006 Ml350 with 79,000 miles on it I recently had to pay for a balance shaft replacement dealer quoted at $6800.
Please add me to the lawsuit as well…
C230 2007.
82K miles and now the balance shaft issue.
please add me to the list…. Need a recall on this part…
C230 2007. Balance shaft issue. Mercedes/Dealership not offering any help.
I have around 80K miles on the car with all service receipts.
Please add me to the suit. Getting the car fixed for $5800 as i dont have any other option as of now…
I hope there is a recall on this.
2007 C 280 – just got the news from my mechanic. P0016 and P0017 codes likely balance shaft issue. How can I join class action suit.
Please add me in the class action suit. I had a R350 2008year and had to replace the balance shaft engine around 80000 miles.