A putative class action regarding allegedly defective transmissions has survived Volkswagen’s motion to dismiss.
The plaintiffs allege that Volkswagen Jetta and Volkswagen Tiguan vehicles are equipped with a defective transmission. In particular, they allege “the transmission grates, scuffs, scrapes, grinds, suffers hard and sudden shifts, delayed acceleration, hesitation, banging into gear, and ultimately suffers broken seals and oil leaks, resulting in catastrophic failure.”
The plaintiffs filed their lawsuit in the Central District of California and brought claims under California, Utah, and Pennsylvania law. They allege, inter alia, violations of consumer protections laws, breach of express and implied warranties under the Magnuson-Moss Warranty Act, and unjust enrichment.
Defendants argued plaintiffs’ claims under the California, Pennsylvania, and Utah consumer protection statutes should be dismissed for failure to adequately allege an actionable false statement or omission and failure to adequately allege entitlement to certain remedies. District Court Judge Dale S. Fischer rejected Volkswagen’s request to dismiss the plaintiffs’ claims for fraudulent or deceptive omissions, violations of the California Consumer Legal Remedies Act, express warranty claims, and unjust enrichment claims.
Judge Fischer granted Volkswagen’s request to dismiss plaintiffs’ claims for breach of the Magnuson-Moss Warranty Act with leave to amend.
The case is Parrish, et al, v. Volkswagen Group of America, 8:19-cv-01148, in the Central District of California.