SAN FRANCISCO – A San Jose Nissan owner alleges the manual clutch in his vehicle is defective.
Huu Nguyen filed a complaint individually and on behalf of a class of similarly situated individuals on Sept. 30 in the U.S. District Court for the Northern District of California against Nissan North America Inc. alleging violation of the California's Consumers Legal Remedies Act, unfair competition and other counts.
According to the complaint, the plaintiff alleges that on Jan. 20, 2012, he purchased a new 2012 Nissan 370Z vehicle equipped with a manual transmission. Not long after, the suit states the vehicle experienced symptoms of a clutch assembly defect, including the clutch pedal falling to the floor and failing to engage gears. The plaintiff alleges that despite the repairs performed, his vehicle continued to exhibit an unresponsive clutch and failure to engage gears.
The plaintiffs hold Nissan North America Inc. responsible because the defendant allegedly failed to disclose known defects to consumers, introduced a defective product into the stream of commerce and failed to correct a defective component.
The plaintiffs request a trial by jury and seek judgment against defendant; certify case as a class action; designate plaintiff as class representative; enjoin defendant from further distribution; compensatory, exemplary, and statutory damages, including interest; restitution; attorneys’ fees; costs and other relief as may be appropriate. He is represented by Jordan L. Lurie, Robert Friedl, Tarek H. Zohdy, Cody R. Padgett and Karen L. Wallace of Capstone Law APC in Los Angeles.
U.S. District Court for the Northern District of California Case number 5:16-cv-05591