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Consumer Law
Song-Beverly Act
Breach of Express Warranty

Diana Herrera, Felix Herrera v. Kia Motors America Inc., and Does 1 through 10, inclusive

Published: Aug. 9, 2024 | Result Date: Jul. 21, 2023 | Filing Date: Apr. 23, 2019 |

Case number: 19STCV14194 Settlement –  $25,224

Judge

Holly J. Fujie

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Payam Shahian
(Strategic Legal Practices APC)


Defendant

Spencer P. Hugret
(Gordon & Rees LLP)


Facts

Around May 18, 2018, Diana and Felix Herrera first leased and thereafter purchased a 2011 Kia Sorento LX for $29,055. The vehicle, which was purchased primarily for household and personal purposes, came with a warranty. After several issues with the vehicle remained unresolved, the Herreras sued Kia Motors America in Los Angeles Superior for, among others, breaches of warranty.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs asserted that the vehicle contained or developed several defects during the warranty period. Such defects caused, among others, the vehicle to stall or not start; caused oil leaks; and prevented the vehicle from shifting. Though the vehicle was brought to defendant's authorized repair facility, those repair attempts never fully resolved the issues and defendant failed, thereafter, to offer a repurchase or replacement as required by law.

DEFENDANT'S CONTENTIONS: Defendant denied all material allegations.

Result

On July 21, 2023, Defendant served upon Plaintiffs a Section 998 Offer to Compromise, offering $25,224.61 in exchange for the vehicle, as well as attorneys' fees, costs, and expenses. Plaintiffs accepted this offer shortly after on July 26, 2023.


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