In what circumstances can a plaintiff bring a putative class action against General Motors alleging that an unmanifested engine defect constitutes a breach of warranty?
California, United States of America
The following excerpt is from American Suzuki Motor Corp. v. Superior Court, 37 Cal.App.4th 1291, 44 Cal.Rptr.2d 526 (Cal. App. 1995):
In Yost v. General Motors Corp. (D.N.J.1986) 651 F.Supp. 656, plaintiff brought a putative class action on behalf of all owners of certain model Cadillacs, alleging that the existence of an unmanifested engine defect constituted a breach of warranty. The court dismissed the claim because the plaintiff had not alleged any actual mechanical difficulties in his vehicle. (Id. at pp. 657-658.)
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