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Nissan is seeking dismissal of several claims from a class action alleging transmission defects in certain model years of Nissan Sentra vehicles.
The company filed its motion for dismissal on Friday, seeking to pare away claims by plaintiff Waldo Leyva that the company’s Xtronic continuously variable transmission is prone to overheating and failure.
Leyva says the allegedly defective transmissions were installed in Nissan Sentra vehicles from model years 2012 through 2017.
In Nissan’s motion for dismissal, the company argues Leyva’s equitable claims for unjust enrichment, restitution, disgorgement, and injunctive relief should be dismissed because Leyva has adequate legal remedies available.
Nissan says Leyva’s claim for restitution fails by itself because he can’t show that Nissan ever received money from him. The company notes Leyva purchased his vehicle from dealership Pedder Nissan, not directly from Nissan.
Claims for unjust enrichment are precluded because there is a written warranty that addresses the issue of defects, Nissan claims.
The company argues Leyva’s claim for breach of implied warranty under California’s Song-Beverly Act fails because Leyva drove his Nissan Sentra safely for over 60,000 miles, proving the vehicle was merchantable as a matter of law. Claims under the federal Magnuson-Moss Warranty Act fail because Leyva did not avail himself of the dispute resolution process that Nissan purportedly requires for such claims.
His claim for a court declaration should be dismissed because it simply duplicates the other claims in his Nissan class action lawsuit, the company says.
Leyva filed this Nissan class action lawsuit in September 2017. He alleges the Xtronic continuously variable transmission in his Nissan Sentra was made with a faulty cooling system that allows the transmission to overheat.
Overheating can make the transmission prone to malfunction and premature wear Leyva says. It can also trigger a failsafe mode that impairs vehicle performance and reduces the driver’s control over the vehicle, creating a risk of crashing.
Leyva says his own 2015 Nissan Sentra had trouble getting up to speed even shortly after he bought it. After he owned and drove it for about two years, he was told by a Nissan dealer technician that his transmission had failed and needed to be replaced.
Many Sentra owners have complained about the alleged defect, Leyva says, putting Nissan on notice of the problem. Complaints filed with the National Highway Traffic Safety Administration report stalling, poor acceleration, clunking noises, and loss of control.
Leyva seeks to bring claims on behalf of a nationwide Class of all U.S. individuals who purchased or leased a Nissan Sentra from model years 2012 to 2017 that was equipped with an Xtronic constantly variable transmission. He also proposes three subclasses for purposes of bringing claims under California consumer protection law.
Leyva is represented by attorneys Jordan Lurie, Cody Padgett, Karen Wallace and Tarek H. Zohdy of Capstone Law APC.
The Nissan Sentra Transmission Defect Class Action Lawsuit is Waldo Leyva v. Nissan North America Inc., Case No. 5:17-cv-01870-FMO-SHK, in the U.S. District Court for the Central District of California.
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35 thoughts onNissan Moves for Dismissal in Transmission Defect Class Action
I own a 2015 Nissan Sentra. Never had any issues for two years. I was driving on the freeway yesterday (30 Apr 2018). My car would not accelerate and I was stuck with no exit in sight and limited shoulder area on the freeway. Thankfully, someone saw me with my hazards lights on and rode behind me until i could coast to a safe stopping point. This is extremely dangerous and has completely terrified me. I had to get my car towed and come out of pocket, I still have to find out why this is happening. I look online and there are SO many issues regarding the same subject and they are just able to dismiss it. Like we paid for faulty transmission on purpose. Please let me know if there is any way I can get involved or do anything. this is complete injustice.
I own a 2013 Nissan Sentra with 96k miles and dealership states I need the transmission replaced due to shuttering. This is rediculous. How can we get this handled. This is not right!!! $4k repair for a car now worth $4k itself!
I am dealing with the same thing in my 2013 Sentra. I have owned it for a year and have 35 k miles on it. The transmission died. It was covered by warranty, but from what most people are saying it happens again in a few months and by then my warranty will be expired. I do not feel safe in my vehicle and I still owe so much money on it. This is so upsetting. What can we do?
Same over here i bought nissan centra 2015 i already replaced 2 transmission in 97400 miles its unbelievable how they cheat us and now they will dismiss the case !!!!??
This a fraud a big one and nobody cares
Nissan cant sell defect transmissions and sell them in full price!! We all have to file law suite to force nissan to sell their bad bad cvt transmission not in 2500$ in 500$!!!!!!!
thats what we all have to do my mail is yorgi1011@gmail.com please contact me and we will move forward with this case
We are dealing with this too. How can we all go forward with this? They should not be able to just dismiss this case with so many dealing with this issue.
What action can we take from here?
I have a 2013 Nissan sentry that cat transmission went bad and Nissan insists it is not there problem. Not covered I am now stuck with buying a new transmission and paying on a loan.
I’m going thru this too. 3 transmissions in a 3 year old car. I’m so sorry you are going thru this.
affected*
Does this mean that it isn’t going to go further in court? I have had a nightmare experience because of this and it’s effecter my life dramatically!
Me too.
Me Three!!!
Me four!!!
I own a Nissan Versa with cvt transmission in it. What do I do?
My sentra’s having problems at 100,000 miles. The valve body was replaced at nissan for $1200 and after 3 weeks it’s having the same problems again( failed to accelerate past 40mph until stopping completely and reaccelerating. it feels like it’s not in the correct gear between 60-80 mph even though it’s a CVT .. around 84mph it feels like it shifts into the right gear or equivalent.
2013 nissan sentra with cvt