SAN FRANCISCO (Legal Newsline) – A hearing was held on July 6 before Judge Edward M. Chen to review a motion to dismiss filed by General Motors in a class action lawsuit led by Monteville Sloan Jr. against the vehicle manufacturer.

The motion was filed to have the plaintiffs’ suit, which sought damages from the company in lieu of their use of an allegedly defective engine, dismissed on a variety of grounds. 

The first amended complaint filed by the plaintiffs alleged there was a fault with the Generation IV 5.3-liter V8 Vortec 5300 engine used in several of General Motor’s models between the years 2010 and 2013. The GMC Sierra and Chevrolet Tahoe were among the 11 models named in the suit referred to as class vehicles.

The first amended complaint stated that the engines consumed “abnormally and improperly high quantity of oil that far exceeds industry standards.” 

The original filing also claimed that the company was aware of the defect in the engine but did not make an effort to replace it in their later models. The engine’s issues allegedly caused an excessive loss of oil and made the vehicles’ Oil Life Monitoring System (a feature meant to monitor the quality of oil though not quantity to alert drivers of when they need a change) fail, causing drivers to continue operating with insufficient lubrication.  

The motion to dismiss was brought before the U.S. District Court of the Northern District of California to determine if the case had merit. 

According to the motion filed by General Motors, there are several issues with the plaintiffs’ filings including, but not limited to, failing to plead an injury caused by the issue or facts. 

Also alleged as problems were failing to give pre-suit notice to General Motors and failing to plausibly show proof that there was a breach of the implied warranty. The 51-page motion contained an extensive review of each of the issues with the lawsuit, including the plaintiffs’ alleged lack of Constitutional standing.

A case management conference is scheduled for Thursday, Aug. 17.

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U.S. District Court for the Northern District of California
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