Bruce Treuhaft v. Mercedes-Benz USA, LLC

I. Introduction

Plaintiff Bruce Treuhaft leased a 2013 Mercedes-Benz GLK250 on August 3, 2013 from Defendant MB USA, LLC. First Amended Complaint (“FAC”), Dkt. 19 ¶ 8. He purchased the vehicle on December 14, 2015. Id. ¶ 9.

Several years and tens of thousands of miles later, Plaintiff alleges that he began experiencing numerous problems with the vehicle. Between January 30, 2018 and January 27, 2020, Plaintiff brought his vehicle in for repair eight times. Id. ¶¶ 72-79. The issues with his vehicle included air hose problems, engine and oil leaks, diesel particulate filter problems, and problems with the diesel emissions system. Id.

Although the FAC does not clearly explain the relationship between these two sets of allegations, the FAC also alleges his vehicle contains a so-called “defeat device” which conceals the true extent of its diesel emissions. Id. ¶¶ 45-64. In particular, the FAC alleges that his vehicle’s BlueTEC Clean Diesel system does not effectively mitigate emissions when ambient temperatures drop below 50 degrees Fahrenheit. Id. ¶ 45. Defendant’s marketing campaign described its diesel vehicles as “significantly reduc[ing] greenhouse gases and…