SANTA ANA, Calif. (Legal Newsline) - A California customer is suing a car manufacturer, alleging certain of its vehicles contain a key fob defect.
Mohamed Elsayed of Laguna Hills, individually and for all others similarly situated, filed a class action lawsuit May 19 in U.S. District Court for the Central District of California Southern Division against Maserati North America Inc. and Does 1-25, alleging violation of the Magnuson-Moss Warranty Act, breach of express and implied warranties, products liability (negligent design and failure to warn), and violation of California's Consumer Legal Remedies Act and the state's Business and Professions Code.
According to the suit, Maserati's 2014-2016 model year Ghibli vehicles are equipped with a "passive entry system," an enhancement to the vehicle's "remote keyless entry" (RKE) system. The passive entry system allows drivers to lock and unlock the vehicle's doors without having to press the key fob RKE transmitter lock or unlock button.
The complaint states Maserati represents that the passive entry system prevents locking the key fob RKE transmitter inside the vehicle because it is equipped with an automatic door unlock feature that will function if the ignition switch is in the "off" position, and that the vehicle will unlock the doors if the doors are manually locked using the door lock knob and/or there is a valid key fob RKE transmitter inside the vehicle.
However, the suit alleges, instances have still occurred where the key fob is locked inside the vehicle with no way of unlocking it, presenting a potentially harmful defect in cases where a child or pet is locked inside the vehicle.
Elsayed and others in the class seek a jury trial, injunctive relief, restitution, damages, interests, attorney fees and other costs. They are represented by attorneys Jonathan A. Michaels, Kathryn J. Harvey and Kristen R. Rodriguez of MLG Automotive Law in Newport Beach, California.
U.S. District Court for the Central District of California Southern Division Case number 8:16-CV-00918-CJC-DFM