Facts

In 2005, plaintiffs Terri and Lorri Rolfs purchased a manual transmission 2005 Kia Rio at the Hi Desert Kia in Victorville. The Kia was bought mainly for their daughter, Heather, who had driven manual transmission vehicles since she was 14. About a month after buying the car, the clutch failed to function. The car was towed to the dealership and fixed but the same problem occurred soon after. The dealership stated that it would not fix the car again, alleging that the issues occurred as a result of Heather, though plaintiffs contended this was never mentioned when the first repairs were made.

PLAINTIFFS' CONTENTIONS:
The Rolfses brought an action against Kia Motors America and Hi-Desert due to violations of the Song-Beverly Consumer Warranty Act.

DEFENDANT'S CONTENTIONS:
The defendant contended that the issues were the result of abuse by the driver and that the initial repairs were "good will gestures" not covered by the warranty's terms.

Settlement Discussions

A demand was made in the amount of $16,000, along with a fee motion. Defendant offered a CCP section 998 for $3,750.

Injuries

The Rolfs claimed that they were entitled to repurchase of the car, as well as incidental damages due to insurance and DMV expenses. They claimed entitlement to $9,440.59 for actual damages and $18,881.18 due to a civil penalty. Defendant contended that because Heather caused the damage to the vehicle, that plaintiffs were not entitled to anything.

Result

A verdict of $28,322 in favor of the plaintiffs.

Other Information

Fee motion to follow.

Deliberation

three hours

Length

eight days