Plaintiffs brought a class action lawsuit against Mercedes Benz on behalf of themselves and all other similarly situated owners and lessees of Mercedes Benz branded automobiles equipped with Mercedes M272 or M273 engines in California.
As alleged in the complaint, the engines are equipped with defective gears in their balance shafts (in the event of the M272 engines) or with defective idle gears (in the case of the M273 engines). These defective gears wear out prematurely, excessively, and without warning, causing the vehicle to malfunction, the “check engine light” to remain illuminated, and the vehicle to misfire and/or stop driving. The only recourse is to have the balance shaft or idle gear replaced, which is a large scale repair job, taking numerous days and costing several thousand dollars. All the while, Defendant Mercedes-Benz USA, LLC (“Defendant” or “Mercedes”) has known of the existence and manifestation of this defect, as is documented in its own internal documents, but has failed to take appropriate corrective or remedial action, and has concealed and affirmatively misrepresented the existence of this defect from unsuspecting owners and lessees. Plaintiffs are among the numerous owners of such vehicles that have had faulty balance shaft or idle gears, and have incurred thousands of dollars’ worth of repair bills as a result. Defendant’s conduct with regard to the sale, distribution, and repair (or lack thereof) of these vehicles amounts to a violation of Defendant’s common law and statutory duties
Mercedes’ M272 engine is a v-6 engine first introduced in 2004, and found in the following Mercedes model vehicles in the following model years: Mercedes C 230, SLK 280, SLK 350, and CLS 350 (2004 to present); E 230, CLS 280, CLK 280, C 280, E 280, SL 280, C 350, E 350, S 350, SL 350, and Viano (2005 to present); R 2801 R 350, :NIL 350, and Sprinter (2006 to present); S 280 (2007 to present); CLC 230, ana CLC 350 (2008 to present). Mercedes’ M213 engine is a V-8 engine first introduced in the model year 2006, and found in the following Mercedes model vehicles in the following model years: E 50DIE 550, CL 500/CL 550, CLS 500/CLS 550, and GL 500/GL 550 (2006)’ GL 450, S 450, and :NIL 450 (2007); :NIL 5001ML 550 (2008); and, CLK 500/CLK 550 (2006 and 2009). The class seeks to represent owners and lessees of the foregoing model vehicles.
See a copy of the complaint here: Mercedes Benz (2011)