— A Nissan transmission class action lawsuit filed in California has been dismissed due to a previous Nissan transmission lawsuit settlement agreement.
According to the plaintiff, Nissan fails to comply with the California Emissions Warranty which says automakers must provide additional coverage for specific components of "super ultra low emissions vehicles" if the California Air Resources Board issued them non-methane organic gases credits.
These parts are generally covered for eight years or 100,000 miles, while high-mileage parts are covered for 112,500 miles.
The Nissan lawsuit alleges the automaker deprives Nissan customers by “unilaterally defining and wrongfully limiting the parts that should properly be identified as parts covered by the [] Warranty and covered for the Extended Coverage period.”
Nissan allegedly saves money by limiting its warranty-related repairs because “most if not all dealerships or customers will not investigate or understand what components should actually and correctly be covered under the [] Warranty . . . .”
Claiming this is a scheme by Nissan, her own experience with her 2019 Nissan Sentra allegedly proves the allegations in the class action lawsuit.
In 2019, prior to the car being driven for 100,000 miles or in use for eight years, her Nissan Sentra transmission was allegedly slipping as it would shake and hesitate upon acceleration. Nissan wouldn't pay for repairs because the transmission was no longer under warranty.
According to the lawsuit, the plaintiff took her Nissan to a repair shop and “paid thousands of dollars out of pocket to have the transmission repairs performed.”
The class action argues the warranty’s extended coverage should have included these repairs because the transmission’s malfunctioning increased the emission output of the Sentra.
Nissan Transmission Class Action Lawsuit Dismissed
Nissan filed a motion to dismiss the lawsuit based on the results of a previous transmission class action lawsuit titled Weckwerth v. Nissan. According to Nissan, the doctrine of "res judicata" precludes the plaintiff's claims in her lawsuit.
The Weckwerth class action lawsuit settlement agreement "released with prejudice all past, present, and future transmission-related claims for certain vehicles manufactured by Defendants—including Plaintiff’s 2013 Sentra."
"Notably, Plaintiff did not opt out of the settlement agreement." — Judge John A. Mendez
According to the judge, the Nissan lawsuit is dismissed because the plaintiff "could have presented her claim to the Weckwerth court."
The Nissan transmission class action lawsuit was filed in the U.S. District Court for the Eastern District of California: Lux Global Auto Sales, Inc. vs. Nissan North America, Inc., et al.
The plaintiff is represented by the Law Office of Robert L. Starr.