Lieff Cabraser Civil Justice Blog
Mold in vehicle air conditioning

New California Federal Court Decision Denies Mercedes’ and Daimler’s Attempts to Dismiss Moldy Vehicle Air Conditioning Lawsuit

On April 16, 2018, Judge Terry J. Hatter, Jr. of the United States District Court for the Central District of California issued an Order rejecting defendants Mercedes-Benz USA and Daimler AG’s motions to strike and dismiss plaintiffs’ First Amended Complaint in the litigation over allegations of defective, mold-harboring climate control systems in numerous Mercedes-Benz vehicles. The defendants had moved to strike the claim for damages under California’s Consumer Legal Remedies Act and to dismiss the common law implied warranty claims and all of the express warranty claims, along with all amendments to the original filed complaint.

The Court denied defendant’s motion to strike in its entirety, ruling that there was no prejudicial effect to defendants of the amendments to plaintiffs’ original complaint. While the Court agreed to remove the common law implied warranty claims, it found there was no basis for dismissal of any other challenged claims. Plaintiffs’ implied warranty claims under Song-Beverly and Magnuson-Moss Act were not challenged by defendants, and so will go forward along with the claims under California’s CLRA and the Song-Beverly and California common law express warranty claims approved by Hatter’s order.

The case will now move forward. Discovery is already underway, and should move along more swiftly now, as this order moots some of the objections Defendants have been using to try to delay the discovery process. Plaintiffs’ attorney Annika K. Martin commented, “This order is another big step towards Plaintiffs’ goal of holding MBUSA and Daimler accountable to doing right by their customers.”

Learn more about the Mercedes-Benz air conditioner mold case.