The maximum verdict allowed under the Song-Beverly Consumer Warranty Act (commonly known as California’s Lemon Law) was awarded to the plaintiff for his 2021 Kia Seltos. The jury, which ruled 12-0 in favor of our plaintiff, stated they wished they could have awarded more to him.
Deivi Cifuentes, represented by Brian Plummer and Jeffrey Mukai of Knight Law Group, won a verdict of $135,799.56 (three times the price of the vehicle and Mr. Cifuentes’ incidental damages) after Kia America, Inc. was found to have willfully violated Mr. Cifuentes’ rights under the Song-Beverly Act. What could have been a simple lemon law claim for a car worth $29,881 resulted in our client being awarded far more in damages under the California Lemon Law.
Instead, our thorough investigation resulted in the jury awarding our client $29,881 for the purchase price of the vehicle, finance charges of $3,834.23, and insurance and registration of $8,162.62, adding up to $45,266.52 in actual damages. When Kia was found to have willfully violated the California Lemon Law, the jury awarded civil penalties of $90,533.04, adding up to a final verdict of $135,799.56.
Mr. Cifuentes purchased the 2021 Kia Seltos as a Kia certified pre-owned vehicle. He was the third owner of the vehicle. Before he purchased the Kia Seltos, the second owner reported problems with the Check Engine Light and the engine running rich (using more fuel than necessary during the combustion process). The second owner returned the car to the dealership after only months of ownership.
Before Mr. Cifuentes could even leave the dealership with his newly purchased Kia Seltos, the Check Engine Light turned on. The dealership initially refused to acknowledge the Check Engine Light. When they finally admitted the Check Engine Light was on, they told Cifuentes that they could not repair the vehicle that day and to come back for repairs at a later date. This led to the jury allowing no mileage offset for the auto manufacturer to deduct from what it owed to our client.
Mr. Cifuentes continued to experience the same engine and exhaust system issues. Mr. Cifuentes reported his vehicle problems to Kia and requested a repurchase. When Kia responded with its initial repurchase offer (which was conditioned on an undisclosed release), they told him they would not reimburse his service contracts or GAP insurance. These items were deducted from the initial repurchase offer, and no mention was made of reimbursement for Mr. Cifuentes’ then-current registration or insurance expenses.
When Mr. Cifuentes requested a copy of the release agreement, Kia refused to send it to him. The undisclosed release agreement contained an improper vehicle condition clause and other conditions were found to be unenforceable.
Knight Law Group is the leading lemon law firm in California. When auto manufacturers willfully violate the California Lemon Law, we offer a vigorous and thorough defense of consumers’ rights.