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Consumer Law
Breach of Warranty
Magnuson-Moss Warranty Act

Ryan Donaghy Vincent v. Hyundai Motor America, and Does 1 through 10, inclusive

Published: Apr. 28, 2023 | Result Date: Dec. 28, 2022 | Filing Date: Oct. 12, 2021 |

Case number: 8:21-cv-01696-JLS-KES Settlement –  $60,000

Judge

Josephine L. Staton

Court

CD CA


Attorneys

Plaintiff

Tionna G. Carvalho
(Strategic Legal Practices APC)


Defendant

Julian G. Senior
(SJL Law LLC)

Jonathan S. Sniderman
(SJL Law PC)

Siyun Yao
(SJL Law PC)


Facts

Hyundai Motor America is a California car corporation that designs, manufactures, constructs, assembles, markets, and sells automobiles and other motor vehicles and motor vehicle components in San Bernardino County. On April 11, 2020, Ryan Donaghy Vincent purchased a 2019 Hyundai Genesis G80 with the vehicle identification number KMTFN4JB4KU326125, which was sold by Hyundai's authorized retailer in Victorville, San Bernardino County, California. Vincent received an express written warranty, including a 5-year/60,000 mile express bumper to bumper warranty and a 10-year/100,000 mile powertrain warranty which covered the engine and transmission. The warranties provided that in the event a defect developed with the Vehicle during the warranty period, the consumer could deliver the Vehicle for repair services to Hyundai's authorized representative. On December 9, 2020, with approximately 17,715 miles on the Vehicle's odometer, Vincent presented the Vehicle to Hyundai's authorized repair facility with engine concerns including, a loud engine rattling noise. The next day, Vincent returned the Vehicle to Hyundai's authorized repair facility with ongoing engine concerns, and the facility performed various engine repairs including replacing the turbo assembly. However, Vincent continued to experience symptoms of the Vehicle's defects. On October 12, 2021, Vincent brought a complaint against Hyundai Motor America for their failure to address the alleged engine concerns.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant and its authorized representatives failed to service or repair the Vehicle to conform to the applicable express warranties after a reasonable number of opportunities and were aware that they were unable to service or repair the Vehicle in violation of both the express and implied warranties on the vehicle. Further, plaintiff maintained that he performed all terms, conditions, covenants, promises, and obligations required on his part under the terms of the lease agreement, and express and implied warranties. Finally, plaintiff contended that he had been damaged by defendant's failure to comply with its statutory obligations.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Hyundai Motor America agreed to pay $60,000 and any outstanding loans to plaintiff and plaintiff's lender in return for plaintiff surrendering the 2019 Hyundai Genesis G80 at issue.


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