BMW has asked the U.S. District Court for the Northern District of California to dismiss vehicle owners’ third-amended complaint and strike class action allegations which allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work.
“Recognizing that there is no warranty coverage for water leaks in their used BMW vehicles, plaintiffs [Monita] Sharma and [Eric] Anderson seek to impose on BMW North America an obligation to fix their cars for free, ad infinitum, by claiming that they—and a large group of owners and lessees of BMW vehicles sold in the United States over more than 10 years were ‘defrauded’ by BMW NA through an alleged design defect that may result in water damage,” BMW’s attorneys claim.
“On June 19, 2014, this court dismissed plaintiffs’ complaint for numerous reasons. Plaintiffs’ have not addressed the fundamental deficiencies in the complaint, so it should be dismissed again, this time with prejudice,” attorneys claim.
“[P]laintiffs allege that a variety of BMW vehicles spanning over 10 model years have sunroof drain tubes that might clog if exposed to ‘dirt [and] leaves,’ resulting in water entering the trunk. … They make conclusory claims that the clogging is due to a design defect and is a purported safety issue because water may collect where electronics are located, but allege no facts showing a defect,” they argue.
BMW attorneys’ go on to claim that plaintiff Anderson was told the sunroof issue was not covered under his vehicle’s Certified Pre-Owned Warranty when he brought it in to be fixed.
“Moreover, plaintiff Anderson admits he was told that he needed to regularly clean and service his sunroof. To avoid this admission, Anderson claims that ‘BMW expressly told plaintiffs and class members’ that all maintenance that would ever have to be performed on the vehicles is set forth in the ‘owner’s manuals and written maintenance program,’ but the warranties inform vehicle owners that the opposite is true; that necessary maintenance is not limited to that described in the owner’s and maintenance manuals,” BMW’s attorneys claim.
The judge had not issued any new decisions at press time.
To view a copy of BMW’s motion to dismiss, click here.
To view a copy of BMW’s motion to strike, click here.