Facts

Plaintiffs Emile Auguste and Mavis Murthy sued BMW of North America LLC in relation to a breach of implied warranty of merchantability claim.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that there was a lag in acceleration between gears and alleged that defendants breached the Song-Beverly Consumer Warranty Act for breach of express warranty. Plaintiff's alleged that they experienced concerns with the subject vehicle including, but not limited to, recurrent coolant leaks and malfunction of the iDrive system.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff testified that various lights inside the subject vehicle were constantly blinking and bells were ringing, allegedly because of a malfunction in the pedestrian detection, night vision, and brake sensor, yet never presented the vehicle to address these issues. Also, defendant alleged that the plaintiffs' intent in the current action was to protect themselves from their financial obligations.

Result

The court granted defendant BMW of North America's motions for judgment as a matter of law on plaintiff's implied warranty and civil penalty claims.