Minerva Galvan-Ontiveros, Ismael Ontiveros Jr. v Hyundai Motor America, and Does 1 through 10, inclusive
Published: Nov. 19, 2021 | Result Date: Aug. 6, 2021 | Filing Date: Oct. 28, 2016 |Case number: 9000219 Verdict – Defense
Judge
Court
Stanislaus County Superior Court
Attorneys
Plaintiff
Steve B. Mikhov
(Knight Law Group LLP)
Bryan C. Altman
(Altman Law Group)
Defendant
Soheyl Tahsildoost
(Theta Law Firm LLP)
Facts
On or about March 22, 2011, Plaintiffs Minerva Galvan-Ontiveros and Ismael Ontiveros Jr. purchased a new 2011 Hyundai Elantra from Central Valley Volkswagen Hyundai located in Modesto.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that the Elantra had problems with the engine and electrical system which were required to be repaired under the written warranty but were not, despite Hyundai having been given a reasonable number of opportunities to do so. Plaintiffs alleged these problems substantially impaired the use, value or safety of the vehicle. Plaintiffs further claim that Hyundai's failure to comply with California's Song-Beverly Act was willful.
DEFENDANT'S CONTENTIONS: Hyundai Motor America denied liability and contended that any verified warranty concerns were properly addressed within a reasonable number of repair attempts. No alleged defect covered by the written warranty ever substantially impaired the use, value or safety of the subject vehicle, and no alleged defect presented required an unreasonable number of repair attempts during its applicable warranty. Hyundai Motor America also denied that it had any obligation to repurchase the subject vehicle or that it acted willfully in refusing to repurchase the subject vehicle.
Result
The jury found in favor of defendant.
Deliberation
20 minutes
Length
11 days
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