La Jolla, California – Lemon law attorney, Richard Wirtz of Wirtz Law recently won a legal battle between Hyundai and the disgruntled owners of the Hyundai Kona. The case, Kermani v. Hyundai Motor America, filed by plaintiff Siamak Kermani, alleged that Hyundai violated several provisions of California’s Song-Beverly Consumer Warranty Act, the state’s lemon law.
Despite Hyundai’s efforts to push for arbitration, the law firm’s relentless pursuit of justice caused Hyundai’s motion to be denied twice in court. Undeterred by these legal setbacks, Hyundai attempted to have a review of the motion’s denial from the Supreme Court of California.
Owners and lessees of Hyundai vehicles with defective battery systems casted a wider net beyond the named plaintiff. It alleged that Kermani’s 2019 Hyundai Kona Electric, leased from a Hyundai dealership, displayed serious defects in its battery system despite assurances of quality and performance from the manufacturer. This has led to multiple failed attempts to repair the issue by Hyundai, causing further dissatisfaction among Kona owners.
Hyundai’s push for arbitration, a typical move in lemon law claims, is seen as a tactic to avoid a court proceeding and limit the scope of the case to the named plaintiff only. However, the denial of their motion to compel arbitration kept the class action lawsuit alive, offering the prospect of a collective legal pursuit by all affected Kona owners.
The class action approach, championed by Wirtz Law APC, allows a larger pool of affected vehicle owners to participate and increase their chances of achieving compensation. This is particularly pertinent given the 132 complaints related to the 2019 Hyundai Kona listed on the National Highway Traffic Safety Administration (NHTSA) website as of September 2023, many of which raise serious concerns about Hyundai’s handling of the battery issue.
With allegations of delayed fixes, unexpected costs, repeated failures, and poor communication with vehicle owners, the case builds a compelling narrative of mismanagement on Hyundai’s part. Faced with this challenge, Wirtz Law APC worked tirelessly with Kona owners to help them understand their legal rights and options in this legal battle.
This landmark case underscores Wirtz Law’s commitment to consumer rights and the firm’s determination to hold automakers responsible for product quality and warranty assurances. Amid the legal complexities, the one clear message is that the lemon law attorneys of Wirtz Law will not back down in their pursuit of justice for the owners of Hyundai’s defective Kona vehicles.
CASE INFORMATION
Kermani v. Hyundai Motor America, et al.
Los Angeles County Superior Court
Case No. 21-ST-CV-240017
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