Case Number: 8:21-cv-01983-CJC-KES

Practice Area: Consumer Protection Defective Products Automobile Defect Litigation

Case Status: Pending

Court: United States District Court for the Central District of California

On December 3, 2021, Berger Montague and co-counsel filed a class action against Mitsubishi alleging a defect in the 2014-2017 Mitsubishi Lancer, 2014-present Mitsubishi Outlander, 2014-present Mitsubishi Outlander Sport, 2014-present Mitsubishi Mirage, and 2018-present Mitsubishi Eclipse Cross vehicles equipped with a continuously variable transmission (“CVT”).

Plaintiffs allege that the CVT is defective in that it causes the vehicles to shudder, surge, jerk, to delay acceleration or fail to accelerate, and, ultimately, catastrophic transmission failure. The CVT causes sudden, unexpected shaking and violent jerking (commonly referred to as “juddering” or “shuddering”) when drivers attempt to accelerate their vehicles; it causes the vehicle to lag or delay when the driver tries to accelerate, causing an unsafe, unpredictable acceleration; it exhibits a hard deceleration or “clunk” when drivers either slow down or accelerate at low speeds; it causes complete transmission failure in the middle of roadways, and it suffers catastrophic failure, necessitating replacement.

The Court upheld certain of Plaintiffs’ express and implied warranty claims and allowed Plaintiffs to amend their statutory consumer-fraud claims and claims seeking equitable relief in the form of restitution and injunction. Plaintiffs filed a Second Amended Class Action Complaint, which Mitsubishi has moved to dismiss. Berger Montague attorneys Russell Paul, Amey Park, Abigail Gertner and Natalie Lesser are responsible for this matter.

If you have purchased or leased a vehicle and experienced a defect which impacted the safety of the vehicle and has resulted in economic losses, please contact Berger Montague.  Our award-winning lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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