Tag Archives: Monita Sharma

Judge Dismisses All But One Claim in Alleged Sunroof Defect Case

A judge has granted summary judgment to BMW in a sunroof defect lawsuit on all claims with the exception of one. The class action lawsuit was brought by two plaintiffs who allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not work properly. Continue reading

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Judge Dismisses One Claim Against BMW, Upholds Two Over Alleged Sunroof Defect

A judge for the U.S. District Court for the Northern District of California has upheld two claims and dismissed one claim against BMW in a complaint brought against the company by two vehicles owners alleging a sunroof defect. Continue reading

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BMW Renews Motion to Dismiss Over Alleged Sunroof Defect

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

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BMW Owners Seek Permission to File Third-Amended Complaint Over Alleged Sunroof Defect

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

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BMW Owners File Third-Amended Class Action Complaint Over Alleged Sunroof Defect

BMW owners Monita Sharma and Eric Anderson have filed an amended third class action complaint in the U.S. Northern District Court of California, San Francisco division, alleging their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work. “[The court] determined that plaintiffs’ Consumer Legal Remedies Act and the Unfair Competition Law claims could not stand because there were insufficient allegations in the complaint to establish that BMW was aware of the safety defect at issue before the plaintiffs purchased their vehicles. However, the court granted plaintiffs the right to amend their complaint to remedy this deficiency,” according to court documents. Continue reading

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Court Dismisses Case Against BMW over Alleged Sunroof Defect

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

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BMW Continues to Argue for Dismissal of Sunroof Case

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

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Plaintiffs File Motions Opposing BMW’s Request to Dismiss Sunroof Case

Plaintiffs’ Monita Sharma and Eric Anderson have filed court documents opposing BMW’s motions to dismiss and strike the class action status in an alleged sunroof defect lawsuit. “Despite well-settled case law disfavoring motions to strike class allegations at the pleading stage and discussing the premature nature of such motions, BMW of North America LLC has nevertheless again decided to bring its motion to entice the court into an unnecessary examination of class certification issues,” plaintiffs’ attorneys claim in court documents. Continue reading

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BMW Files Motions to Dismiss, Strike Class Action Status in Sunroof Case

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

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Judge Dismisses BMW Owners’ Claim for Injunctive Relief Over Sunroof Defect

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

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Judge Rules on Two BMW Motions in Lawsuit over Sunroof Defect

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

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BMW Attorneys Cite Recent Ninth Circuit Opinion as Support to Dismiss

Attorneys for BMW of North America (NA) claim a recent decision by the Ninth Circuit Court supports their motion to dismiss a case brought by BMW owners in the U.S. Northern District Court of California, San Francisco division, over an alleged sunroof defect. BMW’s attorneys filed a statement with the court claiming, “The arguments made by BMW NA to dismiss plaintiffs’ warranty claims are the exact holdings of the Ninth Circuit in [Troup versus Toyota Motor Corp.]”
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BMW Owners Oppose Automaker’s Motion to Dismiss Class Action Status of Alleged Sunroof Defect Case

Attorneys representing two BMW owners have opposed the automaker’s motion for the court to dismiss the class action status in a lawsuit over an alleged sunroof defect in the U.S. Northern District Court of California, San Francisco division. The owners allege their vehicles suffered water damage after the drainage tubes installed to pull water away from the sunroofs did not properly work. Continue reading

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BMW Asks Court to Strike Class Action Status in Alleged Sunroof Defect Case

BMW has asked the U.S. Northern California District Court to strike the proposed state class action status of a lawsuit filed against the company by two BMW owners who claim that drainage tubes installed to pull water away from vehicles’ sunroofs do not properly work, leading to water damage. Continue reading

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BMW Asks Court to Dismiss Lawsuit Over Alleged Sunroof Defect

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

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