Volkswagen Moves for Summary Judgment in ‘Clean Diesel’ Case Set for Feb. Trial

SAN FRANCISCO — Volkswagen has moved for summary judgment on claims for breach of the implied warranty of merchantability in a case set for trial in the “clean diesel” multidistrict litigation, arguing that plaintiffs failed to show that their vehicles are unfit for driving.

In a motion filed before Judge Charles R. Breyer of the U.S. District Court for the Northern District of California, Volkswagen further argues that it is entitled to summary judgment on claims for violations of the California Consumer Legal Remedies Act (CLRA) because it offered plaintiffs an appropriate remedy under the act.

Ten individuals claim they …