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Consumer Law
Song-Beverly Act
Breach of Contract/Warranty

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

John R. Mayne

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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