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24
JUN
2012

Hyundai Sued in Lemon Law Lawsuit by Subsequent Purchasers

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The lemon law attorney who publishes this blog has filed a lawsuit against Hyundai alleging that consumers who were not the original purchaser of an automobile are entitled to the protections of the California lemon law statute. The lawsuit is titled Baker et al. v. Hyundai Motor America, et al. , and was filed on June 20, 2012 in the San Diego County Superior Court, Hall of Justice Division (San Diego County Superior Court Case No. 30-2012-00099300). The Defendant, Hyundai Motor America, is located in Fountain Valley, California, and is the warrantor of Hyundai brand automobiles.

Complaint Alleges That Hyundai Violated the California Lemon Law

The Baker v. Hyundai complaint alleges that the Plaintiffs Bjay and Annie-Marie Baker (a San Diego, CA husband and wife) purchased a new 2008 Hyundai Veracruz on November 18, 2008. It further alleges that although Mr. & Mrs. Baker were the true purchasers of the automobile, Ms. Baker’s father was the person who signed the vehicle purchase contract, and to whom the automobile was first registered with the Department of Motor Vehicles. The fact that the original registered owner of the car was the father of one of the Plaintiffs, as opposed to one of the Plaintiffs themselves, is potentially important because the California lemon law’s rules specify that an automobile must be purchased “at retail” in order for the lemon law’s requirements to apply. Accordingly, when a consumer wants to bring a lawsuit for breach of warranty against an automobile manufacturer, one of the critical factors to be considered is whether or not the automobile was sold with a warranty in a retail transaction.

Complaint Alleges That the Hyundai Veracruz Suffered From a Chronic Defect

The complaint in the Baker v. Hyundai lawsuit alleges that the Hyundai Veracruz purchased by the Plaintiffs suffered from a chronic defect that causes the vehicle to shake, results in an unsafe loss of power, causes its check engine warning light to illuminate, and which causes the fuel gauge to malfunction. The complaint further alleges that Plaintiffs took the Hyundai Veracruz to Hyundai’s authorized repair facilities six times for repair of this defect, but that Hyundai was either unable or unwilling to properly diagnose and repair the problem.

Click here to read a copy of the complaint in the Baker v. Hyundai Motor America lawsuit.

Please note: the San Diego County Superior Court has not yet made any determination of whether or not Hyundai violated any of the California lemon law’s rules, or committed any wrongdoing whatsoever. Hyundai is expected to deny all liability when it answers the complaint.

California Lemon Law Attorney Looking For Other Hyundai Veracruz Owners

Mr. & Mrs. Baker’s lawyer is trying to contact other Hyundai Veracruz owners who may have experienced similar defects and breaches of warranty. If you own or lease a Hyundai Veracruz and have had any problems with loss of power, a malfunctioning fuel gauge, or a persistent check engine light problem, then please call California lemon law attorney Michael R. Vachon, Esq. at 1-855-4-LEMON-LAW (1-855-453-6665).

 

About the Author
Mr. Vachon is the founder and principal of the Vachon Law Firm. He is in expert in the California lemon law and has represented California consumers in hundreds of lawsuits against automobile manufacturers, car dealerships, and finance companies.