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Consumer Law
Song-Beverly Act
Breach of Implied Warranty

Raul Siqueiro, et al. v. General Motors LLC

Published: Nov. 25, 2022 | Result Date: Oct. 4, 2022 | Filing Date: Dec. 19, 2016 |

Case number: 3:16-cv-07244-EMC Verdict –  $102,600,000

Judge

Edward M. Chen

Court

USDC Northern District of California


Attorneys

Plaintiff

Mark A. DiCello
(DiCello Levitt )

Daniel R. Ferri
(DiCello Levitt)

Mark Abramowitz
(DiCello Levitt)

Amy E. Keller
(DiCello, Levitt & Gutzler LLC)

Adam J. Levitt
(DiCello Levitt)

Christopher D. Stombaugh
(DiCello Levitt)

John E. Tangren
(DiCello Levitt)

Jennie Lee Anderson
(Andrus Anderson LLP)

Lori E. Andrus
(Andrus Anderson LLP)

Rebecca D. Gilliland
(Beasley Allen Law Firm )

H. Clay Barnett III
(Beasley Allen Law Firm )

Andrew E. Brashier
(Beasley Allen Law Firm )

Archibald I. Grubb II
(Beasley Allen Law Firm )

Tyner D. Helms
(Beasley Allen Law Firm )

Eric J. Haag
(Atterbury Kammer Haag S.C.)

Dylan T. Martin
(Beasley Allen Law Firm )

Wilson D. Miles III
(Beasley Allen Law Firm )

James M. Williams
(Beasley Allen Law Firm )

Timothy J. Becker
(Johnson Becker PLLC)

Anthony J. Garcia
(AG Law, P.A.)


Defendant

Dara C. Kazemzadeh
(Crowell & Moring LLP)

Warrington S. Parker
(Crowell & Moring LLP)

Renee D. Smith
(Kirkland & Ellis LLP)

Richard C. Godfrey
(Kirkland & Ellis LLP)

April N. Ross
(Crowell & Moring)

Kathleen T. Sooy

Caitlyn Cheleden
(Kirkland & Ellis LLP)


Facts

General Motors, LLC manufactures, markets, and sells a wide array of automobiles throughout the world, including in California. As part of its business, GM developed and sold the Vortec 5300 LC9 5.3-liter V8 engine, which was used in GM vehicles built on its GMT900 platform from 2011 to 2014, including the GMC Sierra and the Chevrolet Suburban. The Vortec 5300 LC9's piston rings, however, were defective, and they allowed oil to escape the engine crankcase, which negatively affected vehicle performance in several ways.

Gabriel Del Valle, William Davis, Jr., Garet Tarvin, and Raul Siqueiros all purchased or leased vehicles with the defect, and they experienced issues with oil consumption. On December 19, 2016, Siqueiros and others filed a lawsuit against GM on behalf of himself and on behalf of all others similarly situated.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the defendant had designed a defective engine, specifically, that the piston rings were defective and allowed oil to leak from the crankcase; that this oil migration led to inadequate lubrication in the engine and low oil pressure levels, fouled the spark plugs, and could place drivers in dangerous roadside emergencies; that the defect led to premature engine breakdown and failure; and that the defendant knew of the defect but did not disclose the defect to consumers and, instead, continued to market and sell the defective vehicles. Plaintiffs further contended that the defendant's conduct also violated the Magnusson-Moss Warranty Act.

DEFENDANT'S CONTENTIONS: Defendant denied any liability or wrongdoing and all of the plaintiffs' material factual and legal allegations.

Result

A jury awarded the plaintiffs $102.6 million.


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