Hazdovac v. Mercedes-Benz USA, LLC

CourtDistrict Court, N.D. California
DecidedJanuary 13, 2022
Docket3:20-cv-00377
StatusUnknown

This text of Hazdovac v. Mercedes-Benz USA, LLC (Hazdovac v. Mercedes-Benz USA, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hazdovac v. Mercedes-Benz USA, LLC, (N.D. Cal. 2022).

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 CORY HAZDOVAC, 10 Case No. 20-cv-00377-RS Plaintiff, 11 v. ORDER GRANTING LEAVE TO 12 AMEND COMPLAINT MERCEDES-BENZ USA, LLC, 13 Defendant. 14

15 I. INTRODUCTION 16 This motion concerns an attempt to broaden a putative class action. The suit avers 17 violations of the California emissions code by Mercedes-Benz USA. Under the California Code of 18 Regulations (“CCR”) automobile manufacturers must include certain “high-priced emissions- 19 related” parts in a 7 year/70,000-mile warranty. Plaintiff Cory Hazdovac replaced several parts in 20 her Mercedes. She asserts the parts are both high-priced and emissions-related, but Mercedes 21 misclassified them, using the wrong standards in each instance. Originally, she framed her lawsuit 22 as covering all parts that were misclassified. In response to a motion to dismiss, Hazdovac 23 amended her complaint to focus on the parts she bought, but still sought an injunction requiring 24 Mercedes to identify and cover “all other parts” which should have been covered. First Amended 25 Complaint (“FAC”), Dkt. No. 22, at 1–2. The FAC also noted the California Emissions System 26 Warranties applied to customers in other states, so Hazdovac might seek to expand the classes to 27 cover those states as well. Hazdovac now seeks to expand her suit to cover all parts Mercedes 1 leave has passed, but Hazdovac has shown good cause. For the reasons further set out below, leave 2 to amend is granted. 3 II. BACKGROUND 4 The CCR requires that emissions-related parts must have a 5 year/50,000-mile warranty, 5 and if they are high priced, a more generous 7 year/70,000-mile warranty. To determine whether a 6 part is high priced, a formula is used based on the part’s replacement cost. For instance, for model 7 year 2020 vehicles, the part must cost at least $640. Manufacturers submit lists of parts to the 8 California Air Resources Board (“CARB”), which then approves or modifies them. The 9 manufacturers give the warranties to purchasers. Hazdovac avers Mercedes uses prices quoted to 10 dealers, not consumers as she says the law requires, so Mercedes misclassifies parts as not being 11 high priced. She also claims Mercedes uses the wrong standard for determining whether a part is 12 emissions related, as explained further below. 13 A previous motion to dismiss was denied because the Complaint adequately alleged the 14 parts were high priced and contained a plausible claim that the parts were emissions related. The 15 order characterized Hazdovac’s claims as potentially stretching the definition of “emissions 16 related” to cover every part. Hazdovac’s theory depended on the supposition that in the event any 17 of the three identified parts failed, a chain reaction would result leading to engine overheating, 18 parts breaking, and needless combustion. In a similar vein, Hazdovac argued that if any part’s 19 failure caused the check engine light to illuminate, it would be emissions related (in a footnote, the 20 order suggested this proposition was not supported by the statute.) 21 Hazdovac seeks two amendments. First, new averments that Mercedes used the wrong 22 standards for parts other than the three parts she bought. Second, averments adding new classes. 23 Mercedes’ warranty promised that purchasers in other states would be covered by the California 24 Emissions Warranty, so Hazdovac seeks to obtain relief for those purchasers as well. 25 In discovery, Hazdovac obtained a declaration from CARB. CARB declares a “warranted 26 part” under the California Emissions Warranty is “any components that can or are required to 27 illuminate the [check engine] light in the event of a malfunction, even if the primary function of 1 the component is not emissions control.” CCR 13 § 2037 (b)(2). A specific type of warranted part 2 is an emissions-related part, as defined in the CCR. 13 § 1900 (b)(3). Hazdovac interprets this to 3 mean CARB supports her position that anything which causes the check engine light to turn on is 4 an emissions-related part. CARB’s declaration also appears to support her contention that the 5 correct cost for determining high-priced status is the cost of parts and labor charged to a consumer, 6 not to the manufacturer. Mercedes’ representative testified it uses the amount manufacturers pay to 7 get cars repaired under warranty, an amount lower than the amount customers pay. Thus, the 8 proposed averments adequately allege some parts are incorrectly designated as not high-priced. 9 III. LEGAL STANDARD 10 To modify a scheduling order under Rule 16(b), “good cause” must be shown; this 11 standard primarily considers the diligence of the party seeking the amendment. Engleson v. 12 Burlington N. R.R. Co., 972 F.2d 1038, 1043 (9th Cir. 1992). 6A Wright, Miller & Kane, Federal 13 Practice and Procedure § 1522.1 at 231 (2d ed.1990) (“good cause” means scheduling deadlines 14 cannot be met despite party's diligence). If the moving party was not diligent, the inquiry should 15 end. Zivkovic v. S. California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002). If good cause is 16 found, amendment must still be shown to be proper under Rule 15. 17 The factors to consider in determining whether to grant leave to amend for Rule 15 are (i) 18 undue delay; (ii) prejudice to the opposing party; (iii) futility of the amendment; (iv) bad faith; and 19 (v) whether the moving party has previously amended its pleadings. Foman v. Davis, 371 U.S. 20 178, 182 (1962). “Undue delay by itself, however, is insufficient to justify denying a motion to 21 amend.” Bowles v. Reade, 198 F.3d 752, 758 (9th Cir. 1999). Inferences should be drawn in favor 22 of granting the motion. See Griggs v. Pace Am. Grp., Inc., 170 F.3d 877, 880 (9th Cir. 1999). The 23 burden is on defendants as the nonmoving party to establish a basis for denying leave to amend. 24 See DCDprograms Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987). 25 IV. DISCUSSION 26 A. Rule 16 27 The deadline for amending the complaint without leave of the court has passed, so 1 Hazdovac must satisfy Rule 16’s good cause standard. Hazdovac does not address Rule 16 in her 2 motion or reply; Mercedes argues that alone is reason to deny her motion. However, Hazdovac’s 3 arguments about good cause are clear, even if not framed explicitly as being about Rule 16. In 4 short, Hazdovac believes she preserved her claims about other parts; she only seeks amendment 5 now to make it exceedingly clear they are covered by this lawsuit. 6 Mercedes argues Hazdovac cannot assert claims she abandoned. Originally, Hazdovac 7 asserted claims on behalf of all owners and lessees of any Mercedes vehicles for repairs that 8 should have been covered. Hazdovac then amended her complaint in response to a motion to 9 dismiss, limiting the case to the three parts she personally had to replace, in certain model years of 10 C-class vehicles, the vehicle type she owns. Crucially, however, she maintained the request for 11 injunctive relief requiring Mercedes to identify all other parts that should have been covered. This 12 action therefore has always included a component relating to Mercedes systematically 13 misclassifying parts beyond the three she owns. Even accepting Mercedes’ argument that the 14 lawsuit has narrowed, Hazdovac was sufficiently diligent in complying with the scheduling order. 15 She promptly conducted discovery and sought amendment in adequate time.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Sparks
2 F.3d 574 (Fifth Circuit, 1993)
United States v. Haley
371 U.S. 18 (Supreme Court, 1962)
Bowles v. Reade
198 F.3d 752 (Ninth Circuit, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
Hazdovac v. Mercedes-Benz USA, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazdovac-v-mercedes-benz-usa-llc-cand-2022.