VW Loses Bid To Dismiss Jetta Hybrid Defective Brake Class Action

A California judge has rejected Volkswagen’s attempt to dismiss a putative class action lawsuit claiming the model year 2013 Jetta Hybrids have defective braking systems.

In a hearing on Thursday, Los Angeles Superior Court Judge Elihu M. Berle denied Volkswagen Group of America Inc.’s motion to dismiss plaintiff Peter Bryan Burra’s complaint that VW concealed known defects involving its 2013 Jetta Hybrid vehicles in violation of California consumer protection laws.

Before issuing his ruling, Judge Berle heard arguments from VW’s counsel denying that the “regenerative braking system” installed in its Jetta hybrid is defective, calling it merely a different system than other VW vehicles.

Attorneys for VW also argued that Burra’s complaint fails to allege the auto maker concealed information about the conventional braking system.

Representatives for Burra countered VW’s argument, telling the court that the unpredictability of the brakes is what renders them defective and that drivers have difficulty determining stopping distance when they need to brake.

Judge Berle questioned if the plaintiff’s argument was sufficient enough to prove the brakes are defective, pointing out that many new vehicles are equipped with different braking systems, including cars that automatically brake sensing an impending accident.

“Isn’t it just reality that every car has its own braking system, every car has its own feel,” he stated.

Still, Judge Berle ruled in favor of Burra, stating that at this stage in the proceedings, the court must take the plaintiff’s factual allegations as the truth.

Judge Berle noted his decision to move the case forward was based on Burra’s argument that the Jetta Hybrid braking system poses a safety risk and that VW concealed this information from drivers.

Burra filed the class action lawsuit in August 2015, contending that the 2013 Jetta Hybrid, like the Toyota Prius and other hybrid vehicles, contains a “regenerative braking system” that converts the kinetic energy generated by a slowing or stopping car into electricity to be used in the vehicle’s hybrid motor system, improving fuel efficiency and helping the brakes to last longer.

The plaintiff alleged he bought the Jetta due to its reputation for safety, but found that the regenerative braking system performs “in an unpredictable manner” making it impossible for drivers to accurately predict how much distance and time they’ll need to safely come to a stop.

He claims that as a result of this unpredictability, he rear-ended other vehicles twice, once in August 2013 and again in June 2015.

Volkswagen initially pointed to an arbitration agreement Burra signed as part of the sales contract for his car, which applies to “any claim or dispute” which “arises or relates to” the Jetta Hybrid.

But, Judge Berle rejected VW’s attempt to force the lawsuit over the Jetta Hybrid to go to arbitration, stating that Volkswagen can’t enforce an arbitration agreement Burra signed with a dealer when purchasing his 2013 Jetta Hybrid.

Specifically, the judge rejected VW’s argument for arbitration on two grounds: Burra’s claim was not related to the contract, since it is not a warranty issue, and Volkswagen was not explicitly covered by the arbitration agreement.

Burra is represented by Robert L. Starr of the Law Offices of Robert L. Starr APC and Stephen M. Harris of the Law Offices of Stephen M. Harris APC.

The VW Jetta Hybrid Defective Braking System Class Action Lawsuit is Peter Bryan Burra v. Volkswagen of America Inc., Case No. BC590842, in the Superior Court of the State of California for the County of Los Angeles.