Nguyen
Nguyen v. Nissan North America, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
26 A. Factual Background 27 Plaintiff seeks to represent a class of consumers who purchased or leased any Nissan vehicle equipped with the FS6R31A manual transmission. ECF No. 35 (“FAC”) ¶ 1. These vehicles include the Nissan 350Z, model years 2007–2009; the Nissan 370Z, model years 2009– 2015; the Infiniti G35, model years 2007–2008; the Infiniti G37, model years 2008–2014; and the Infiniti Q60 (hereafter, “Class Vehicles”). Id. 1. The Clutch Assembly Defect The FS6R31A manual transmission in Class Vehicles uses a hydraulic clutch system. Id. ¶ 8. In a hydraulic clutch system, when the driver depresses the clutch pedal, “fluid pushes from the clutch master cylinder to the slave cylinder, developing hydraulic pressure and ultimately disconnecting the transmission from the engine via the clutch disc to allow for smooth gear shifts.” Id. The FS6R31A manual transmission utilizes a concentric (or internal) slave cylinder (“CSC”), as opposed to an external slave cylinder. Id. The CSC is “placed inside the [bellhousing] unit along with the clutch disc, pressure plate, and flywheel.”…