The lawsuit involving plaintiffs Brandi Stiles and Abel Gorgita against defendant Kia Motors America, Inc. was filed in the Court of Appeal of the State of California, Second Appellate District, Division Six under the court case ID 2d. Civ. No. B3825798 on May 2, 2024. The case pertains to an appeal arising out of the Song-Beverly Consumer Warranty Act.
Brandi Stiles and Abel Gorgita purchased a 2011 Kia Optima in April 2013 that allegedly had serious defects covered by the warranties including transmission, electrical, brakes, engine, suspension, and steering defects. Despite multiple attempts at repair by an authorized Kia facility, the defects were not rectified leading to a breach of implied warranty and violation of section 1798.2 for failure to promptly make repairs.
The plaintiffs are seeking remedies under the Song-Beverly Act which apply only to new motor vehicles. They argue that their car qualifies as a "new motor vehicle" since it was sold with the manufacturer’s new car warranty still in effect.
Justices Gilbert, Baltodano and Cody all concur that Stiles's car meets the definition of "motor vehicle sold with a manufacturers new car warranty" as it had time left on the original manufacturers warranty at the time of purchase by the plaintiff. The lower court had erred on the judgment made for Kia regarding this language of Song-Beverly Consumer Warranty Act section 1793.22. The lower court's sustained demurrer of Kia is reversed.