SAN FRANCISCO – A San Jose couple has filed a class-action lawsuit against car manufacturers over their alleged use of defeat devices to pass emissions tests.

Harry Oberhelman III and Leslie Oberhelman filed a class-action lawsuit Feb. 12 in the U.S. District Court Northern District of California against Volkswagen Group of America Inc., Volkswagen Aktiengesellschaft and Audi AG, citing violation of the Magnuson-Moss Warranty Act, violation of the California Consumers Legal Remedies Act, common law fraud, breach of implied warranty and breach of express warranty, plus other counts.

According to the complaint, the plaintiffs allege that on July 9, 2011, they purchased a new vehicle equipped with an emissions control defeat device that was manufactured by the defendants. The plaintiffs allege that the defendants knowingly violated U.S. environmental law by putting a defeat device in its cars that would temporarily reduce emissions in order to pass emissions inspections.

The plaintiffs seek the following: compensation for all damages determined in trial, injunctive and equitable relief. They are represented by Mary E. Alexander, Jennifer L. Fiore, and Sophia M. Aslami of Mary Alexander & Associates PC in San Francisco.

U.S. District Court Northern District of California Case number 3:16-cv-00725-CRB

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