Lisa Robinson and Kevin Robinson v. Kia Motors America Inc., and Does 1 through 10, inclusive
Published: Sep. 10, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:10-cv-03187-SOM Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Steve B. Mikhov
(Knight Law Group LLP)
Defendant
Julian G. Senior
(SJL Law LLC)
Facts
Plaintiffs purchased a new 2007 Kia Sportage from Folsom Lake Kia for $32,177.44. At some point, plaintiffs began having problems with the vehicle and sued defendants Kia Motors America Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the vehicle was delivered to them with serious defects and did not conform to the warranty, and that it developed other serious defects non-conformities to warranty, including various air conditioning, steering, and suspension defects. They claimed that the vehicle was repaired six times, all unsuccessfully. Consequently, plaintiffs sought to have Kia Motors America Inc. repurchase the vehicle, but it refused.
Plaintiffs filed causes of action for violations of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.
DEFENDANT'S CONTENTIONS:
Defendant contended that it did not violate the law because plaintiffs' concerns did not substantially impair the vehicle's use, value or safety and plaintiffs failed to give defendant's authorized dealership a reasonable number of opportunities to repair the vehicle.
Result
The jury returned a defense verdict.
Other Information
FILING DATE: Nov. 24, 2010.
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