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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
2012 Nissan Sentra. This is my 2nd transmission and it went into fail safe mode on my way to Phoenix, It was 111 degrees f.
The problem is it only does it when it’s extremely hot out making the problem intermittent. Now my car is out of warranty. I don’t want to have to pay a dime more than I already have on this car.
I just bought my nissan sentra brand new in sept 2017 and right after i noticed it getting slower and slower. this car is made to wear down right after you buy it. it barely goes faster than 45, and that is with it floored. forget about passing any slower vehicles, you wont get the speed up to do it. I hate this car. they totally tricked me at the dealership into buying it.
my 2017 nissan altima is overheating !!!!!
I would Like to join this lawsuit. How do I do so
My 2012 Nissan Altima Transmission just cluncked out. No indications , No check engine light or nothing. It just stopped at the light and I jerked all the way to work. Smh
This is not fair. I have always owned a Nissan.. This will be my last.
I’m in the same situation. I purchased my Sentra brand new from Nissan in 2013. I’ve had it for 5 years and within that time I have done the maintenance required all through Nissan. I have taken care of my vehicle and I’m at about 80,000 miles. A little over a month ago, I was on the freeway, I exited the off-ramp and was at a red light to make a left. When the light turned green, my car would just not accelerate, and it felt as if there was just no pressure. There was a lot of traffic considering it was the worst time for traffic in LA (about 5:30pm on the 101) and a very very popular exit. I turned off the ignition and just crossed my fingers and when I turned it back on, I was able to go but it made a sputtering and jittery movement and sound. I tried to drive it home but every time I came to a stop it just stalled and I had to turn off the engine and restart it. This went on until I got home which was about 4 miles. I was scared to jump back on the freeway so I had to take the streets but it seemed that going slower was making it worse so it took me forever to get home. I took it to Nissan but because I was barely past the warranty which had ended at 80,000 miles, I had to pay $130 for the diagnostic. They told me my catalytic converter had to be replaced but another mechanic had told me that he thought it was definitely the transmission. I took it to Nissan and paid a lot more because I felt it would be more reliable since it is the dealer I purchased the vehicle from. I asked what my options were and they said “well just fix it”, it’ll be about $1,800 or so. This could not have happened at the worst possible time since I don’t work for 3 months out of the summer, my mother had just had surgery and I had to find a temporary new job which required me to have a vehicle in order to survive and make my payments. I tried to talk to a manager and see if there was a way that they could maybe help pay for the repairs or half at least since I was barely passed the warranty and although 80,000 miles is a lot, it’s definitely not enough for me to start having those type of problems with my vehicle especially when I have done the regular maintenance and upkeep required, if not more. I am a woman and I felt like the dealer treated me like, what the hell do I know about cars? They treated me like I was stupid and I really felt like they were just trying to rip me off which was very insulting. I am a woman, but I am an intelligent woman who can do my research and who has many male figures I can trust who know what the hell they’re talking about. I was on the verge of tears at that point due to all the stress this was creating in my life and was going to create, but they said they could do nothing, and I just had to pay for the repairs if I wanted my vehicle repaired. I was in absolute disbelief that they could do nothing when I trusted them, and I’m paying them for a vehicle I believed was reliable and they sold themselves as a reputable company. I didn’t know what I was feeling but I knew that this felt wrong morally and professionally. I didn’t want to sit there and do nothing so I took it above and called the Nissan corporate office which was a horrible experience and absolute complete waste of my time. All that did was further reassure me of the mistake I had made by purchasing a Nissan vehicle. I spoke to someone who helped me file a claim and she said someone would contact me within 24 hours. that part worked out. I spoke to someone named Tiffany the next day who got more information as to what I wanted done and how I wanted Nissan to help me. She promised to update me every 3 days or so because I guess that decision could take up to 12 business days or something like that. She told me she would send me an email with her direct information in case I had any questions as well as my case number immediately after we ended that call. I received no such email, I got 1 missed call with a voice mail sometime after that maybe a week which I returned immediately with no luck . I called numerous times for a week within their business hours and no one answered the phone EVER! Within 3 weeks, I called over 40-50 times and left multiple voicemails for her to please call me back since I was on a time frame. I haven’t been driving for 3 weeks which is not realistic to not do in LA. I needed to know what my next step was going to be. When I paid $130 to the dealer, they said if I decided to repair the vehicle that money was going to go towards the repair costs but I had until the 9th of June. During the time I was waiting for Tiffany’s callback, that date expired and the $130 were just gone. If I decided to trade the vehicle they were offering me $2,500 for it based on its condition which is not my fault that it came defective. I’m financing it and I still owe $6,500 on it and you’re telling me you’re only going to give me $2500? it’s a slap in the face and it makes absolutely no sense. Finally I got a call from Tiffany about a week after that, and I am livid at this point. All she has to say was “sorry Nissan can’t help you at this time”. I’m thinking what other time is there? She made me wait 3 weeks, lose the $130 that were going to go towards the repairs not to mention the other couple hundred I have had to spend on Uber (because despite what they believe, we are not numbers, we are actual humans whose lives and responsibilities don’t stop) only to tell me they weren’t going to do Jack shit?(excuse my language) This company is a fraud, they’re a shame, they’re completely unprofessional and they are thieves. Their corporate office is disgusting, the customer service a joke. There needs to be something done about this, they should not get away with it. They are wearing the Nissan mask presenting themselves as a reliable reputable and trustworthy automotive compan, when in reality they are sneaky, shady thieves who could care less about the safety of you and your family. Thank God I wasn’t on the freeway when my engine stopped, all of us can be killed driving their cars and I will never again purchase from Nissan. We need to stop this company word-of-mouth and power in numbers go a long way.
Hi Gladys,
I’m going through the exact same thing. What did you end up doing? And waiting for a call back from Tiffany. What happened to your car?
My 2014 Nissan Sentra starting making a whinning noise so I brought it to Nissan and they are telling me I need a new CVT Transmission and my car is only 3 years old and I got it new but I am over 60,000 miles so I don’t have a warranty and the cost is 4,000 dollars.
i am facing an out of cost expense of nearly $4800 to repair my transmission on my 2013 sentra. Warranty is refusing the cover because it is was an existing issue, i should have repaired “thousands of miles ago” I was unaware i had transmission problems, until my transmission failed. I dont have $4800 to invest in this car. what can i do?
Same issue, my car started happening at 34,000 miles. They kept sending me back indicating they couldnt reproduce. Finally, they could reproduce, i was told they gave me rebuilt transmission, which failed again less than 3000 miles later, with clutch handle issues. What is the next recourse?
I am having the same issue. What is our next move on this case.