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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. Continue reading
BMW owners have outlined what would be included in their third-amended class action complaint over an alleged sunroof defect. Maxine Chesney of the U.S. District Court of Northern California has granted permission for the petition to be filed later this month. Continue reading
The case against BMW by owners alleging their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work has been dismissed by judge Maxine Chesney; however, plaintiffs have until July 3, 2014 to file a third-amended complaint that corrects the claim “deficiencies” found by the court. Continue reading
BMW’s attorneys continue to argue that the alleged sunroof defect case should be dismissed, claiming in their latest filing “their [plaintiffs’] warranty-based claims are not covered by the terms of those warranties, and because their fraud-based claims are implausible, conclusory and speculative.” The plaintiffs allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work. Continue reading
Though the judge in the U.S. Northern District Court of California recently gave plaintiffs the opportunity to file a second-amended complaint, in two new filings, BMW’s attorneys claim the case should be dismissed for “lack of standing” and have asked the judge to strike the class allegations. The plaintiffs allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work. Continue reading
A judge for the U.S. Northern District Court of California ruled that plaintiffs Monita Sharma and Eric Anderson “have failed to establish their standing to seek injunctive relief,” which would have required BMW to notify owners of the alleged sunroof defect and offer repairs at no cost. The judge also granted the plaintiffs the opportunity to file a second-amended complaint to strengthen their case. Continue reading
Responding to two motions from BMW, a judge for the U.S. Northern District Court of California ruled that plaintiffs Monita Sharma and Eric Anderson have made allegations “sufficient” to represent a class action at the pleading stage of their case against the automaker over an alleged sunroof defect. However, the judge directed the plaintiffs to show cause as to why their motion for injunctive relief should not be dismissed for lack of standing. Continue reading
BMW has asked the U.S. Northern California District Court to dismiss a class action lawsuit in which the plaintiffs, two BMW owners, claim that drainage tubes installed to pull water away from vehicles’ sunroofs do not properly work, leading to water damage. Continue reading