Rollolazo et al. v. BMW of North America, LLC et al., No. 8:16-cv-00966-TJH-PJW (C.D. Cal.))
Chimicles Schwartz Kriner & Donaldson-Smith LLP (“CSK&D”) represents consumers in a putative class action against BMW alleging violations of consumer protection statutes, warranty laws, and other laws relating to a defect in BMW’s i3 electric automobile with Range Extenders (“i3 REx”).
Specifically, Plaintiffs allege that model year 2014-2016 BMW i3 vehicles equipped with Range Extenders are plagued with a defect that causes the i3 REx to experience sudden deceleration after the vehicle switches from electric battery power to the fuel-powered Range Extender. The Range Extender is a two-cylinder combustion engine that, when added to the vehicle, is supposed to nearly double the mileage that drivers can get out of their i3 vehicles. Drivers of the i3 REx pay a premium for the Range Extender feature, which costs approximately $4,000. The alleged defect routinely manifests when the electric battery level drops below a certain charge percentage and commonly occurs when drivers are attempting to drive uphill or over inclines, but also regularly occurs on flat driving surfaces.
The result is that i3 REx drivers experience rapid loss of acceleration, including on roads and busy highways with high-speed speed limits. This alleged defect poses a danger to owners and lessees of the i3 REx as well as other drivers on the road. Consumer complaints about this defect typically cite a concern for rear-ending and close calls with rear-ending.
Many of the Plaintiffs’ claims have survived BMW’s multiple efforts to dismiss this case. On May 22, 2017, Plaintiffs filed the Second Amended Consolidated Class Action Complaint against BMW. BMW filed an Answer on June 12, 2017.
In 2019, the parties completed class certification briefing and briefing on motions to exclude experts. These motions are currently pending before the Court. A hearing on the class certification motion has yet to be scheduled.