A California couple has taken legal action against a major automotive corporation, alleging that the company failed to honor warranties and engaged in unfair business practices. On December 9, 2024, Thomas Dewing and Briana Dewing filed a complaint in the Superior Court of California, County of Ventura, against Kia Motors America. The plaintiffs are seeking damages and injunctive relief for what they claim are violations of consumer protection laws.
The case centers around a 2019 Kia Niro vehicle purchased by the Dewings on August 23, 2019. According to the complaint, the plaintiffs allege that Kia Motors America breached both express and implied warranties under the Song-Beverly Consumer Warranty Act. The Dewings argue that despite multiple repair attempts, their vehicle continued to suffer from defects that impaired its use, value, and safety. "Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the Vehicle to the express written warranties within a reasonable number of repair attempts," states the complaint. The plaintiffs assert that these actions were willful, as Kia Motors America allegedly knew about the defects but refused to make necessary repairs or provide compensation.
In addition to warranty breaches, the Dewings accuse Kia Motors America of violating California's Business and Professions Code Section 17200 by engaging in unlawful and unfair business practices. They claim that Kia intentionally sold defective vehicles and failed to properly diagnose issues during repairs. The complaint further alleges that Kia installed substandard components during repairs and coerced consumers into signing confidentiality agreements regarding their warranty rights.
The plaintiffs are seeking several forms of relief from the court. They demand restitution for damages sustained due to alleged violations of consumer protection laws. Additionally, they seek civil penalties amounting to twice their actual damages under Cal. Civ. Code §1794(c). The Dewings also request attorney’s fees and expenses incurred in connection with this action.
Representing Thomas and Briana Dewing is Rene J. Dupart from MEFS Legal Inc., while no specific attorneys for Kia Motors America have been named in this document. The case is being heard under Case No.: #2OU24CLUIPLO34094 at the Superior Court of California in Ventura County.