A new lawsuit has been filed against a major automobile manufacturer, alleging multiple violations of consumer protection laws. On August 26, 2024, Cristela Arriaga filed a complaint in the Ventura Superior Court against Kia America, Inc., citing numerous defects in her leased vehicle and the company's failure to address them adequately.
According to the complaint, Arriaga leased a 2021 Kia Sorento Hybrid on October 1, 2021. She claims that the vehicle exhibited various defects during the warranty period, including issues with the rear latch, radio unit, engine components, oil leakage, infotainment system malfunctions, and more. Despite multiple attempts to have these issues resolved at authorized Kia service centers, Arriaga alleges that Kia America failed to repair the vehicle satisfactorily. "The nonconformities have substantially impaired the use, value, and/or safety of the subject vehicle," states the complaint.
Arriaga's lawsuit is grounded in the Song-Beverly Consumer Warranty Act (the "Act"), which mandates that manufacturers must either replace or repurchase defective vehicles if they cannot be repaired after a reasonable number of attempts. The plaintiff argues that Kia America not only failed to meet this obligation but also intentionally refused to comply with its responsibilities under the Act. "Defendant has an affirmative obligation under the Act to repurchase the subject vehicle and make restitution," reads one part of the filing.
The plaintiff is seeking several forms of relief from the court. These include reimbursement for all costs associated with leasing and attempting to repair the vehicle, incidental and consequential damages resulting from Kia America's alleged failures, and civil penalties amounting to up to two times her actual damages due to what she describes as willful non-compliance by Kia America. Additionally, Arriaga is asking for compensation for attorney fees and other legal costs incurred during this process.
The case has been assigned Case No. 2024CUPL029347 and will be presided over by Judge Brenda L. McCormick at Ventura Superior Court. Representing Cristela Arriaga is Kyle Tracy from Tracy Law PC.