The plaintiffs brought a proposed class action against General Motors, Bosch, and a GM dealer, alleging that certain diesel vehicles contained 'defeat devices' designed to cheat emissions tests.
The plaintiffs sought certification of the class action, while the defendants moved to strike the statement of claim for failing to disclose a reasonable cause of action.
The court dismissed the certification motion and struck the statement of claim without leave to amend, finding that because the regulator (the EPA) had not taken any action and the vehicles had valid Certificates of Conformity, there was no basis in fact for the alleged regulatory breach, misrepresentation, or compensable harm.
