The Katriel Law Firm today filed its motion for partial summary judgment as to liability or, in the alternative, summary adjudication. The motion argues that the undisputed evidence establishes Mercedes-Benz USA, LLC’s liability, or key elements of it, such that the plaintiffs are entitled to partial summary judgment as a matter of law. The class action complaint alleges the certain engines powering Mercedes-Benz branded vehicles, known as the M272 or M273 engines, have a defectice balance shaft or idle gear, respectively. The defect requires the part to be replaced and this, in turn, requires major engine disassembly at a cost of over $5,000. Because the defect usually manifests itself after the expiration of Mercedes’ 4 year/50,000 mile New Vehicle Limited Warranty, the consumer is left to bear the cost of this replacement and repair.
This class action seeks to represent California owners and lessees of the affected Mercedes vehicles. The United States District Court for the Northern District of California has previously upheld key claims alleged in the Plaintiffs’ Class Action Complaint. A hearing on Plaintiffs’ motion for partial summary judgment is scheduled for January 12, 2015.