Preview
ELECTRONICALLY FILED
Superior Court of California,
STRATEGIC LEGAL PRACTICES
A PROFESSIONAL CORPORATION
County of Alameda
Tionna Carvalho (SBN 299010) 03/22/2024 at 11:22:28 AM
Email: tearvalho@slpattorney.com By: Damaree Franklin,
Sanam Vaziri (SBN 177384) Deputy Clerk
Email: svaziri@slpattorney.com
(emailservices@slpattorney.com)
1888 Century Park East, 19" Floor
Los Angeles, CA 90067
Telephone: (310) 929-4900
Facsimile: (310) 943-3838
Attorneys for Plaintiffs:
GEETI PASOON AND HASHMATULLAH SAFI
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF ALAMEDA
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GEETI PASOON AND HASHMATULLAH Case No.: 24CVOBRS
FS
14 SAFI,
15 Hon.
Plaintiffs, Dept.
16
vs.
17 COMPLAINT FOR VIOLATION OF
HYUNDAI MOTOR AMERICA; and DOES 1 STATUTORY OBLIGATIONS
18 through 10, inclusive,
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Defendants. JURY TRIAL DEMANDED
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COMPLAINT; JURY TRIAL DEMANDED
Plaintiffs allege as follows:
PARTIES
1 As used in this Complaint, the word "Plaintiffs" shall refer to Plaintiffs, GEETI
PASOON AND HASHMATULLAH SAFI.
2 Plaintiffs are residents of Alameda County, California.
3 As used in this Complaint, the word "Defendants" shall refer to all Defendants
named in this Complaint.
4 Defendant HYUNDAI MOTOR AMERICA ("Defendant HYUNDAI") is a
corporation organized and in existence under the laws of the State of Delaware and registered
10 with the California Department of Corporations to conduct business in California. At all times
11 relevant herein, Defendant was engaged in the business of designing, manufacturing,
a.
12 constructing, assembling, marketing, distributing, and selling automobiles and other motor
13 vehicles and motor vehicle components in Alameda County, California.
14 5 Plaintiffs are ignorant of the true names and capacities of the Defendants sued
15 under the fictitious names DOES | to 10. They are sued pursuant to Code of Civil Procedure
16 section 474. When Plaintiffs become aware of the true names and capacities of the Defendants
17 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and
18 capacities.
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19 FACTUAL BACKGROUND
20 6. On or about December 10, 2017, Plaintiffs entered into a warranty contract with
21 Defendant regarding a 2017 Hyundai Tucson, vehicle identification number
22 KM8J23A49HUS519100 ("Vehicle"), which was manufactured and or distributed by Defendant.
23 7 The warranty contract contained various warranties, including but not limited to
24 the bumper-bumper warranty, powertrain warranty, emission warranty, etc. A true and correct
25 copy of the warranty contract is attached hereto as Exhibit A. The terms of the express warranty
26 are described in Exhibit A and are incorporated herein.
27 8 Pursuant to the Song-Beverly Consumer Warranty Act (the "Act") Civil Code
28 sections 1790 et seq. the Subject Vehicle constitutes "consumer goods" used primarily for
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COMPLAINT; JURY TRIAL DEMANDED
family or household purposes, and Plaintiffs have used the vehicle primarily for those purposes.
Plaintiffs are "buyers" of consumer goods under the Act. Defendant is a "manufacturer" and/or
"distributor" under the Act.
9 Plaintiffs justifiably revoke acceptance of the Subject Vehicle under Civil Code,
section 1794, et seq. by filing this Complaint and/or did so prior to filing the instant Complaint.
10. These causes of action arise out of the warranty obligations of in connection with
a motor vehicle for which issued a written warranty.
11. Defects and nonconformities to warranty manifested themselves within the
applicable express warranty period, including but not limited to, engine defects, electrical
10 defects; among other defects and non-conformities.
11 12. Said defects/nonconformities substantially impair the use, value, or safety of the
12 Vehicle.
13 13. The value of the Subject Vehicle is worthless and/or de minimis.
14 14. Under the Song-Beverly Act, Defendant had an affirmative duty to promptly
15 offer to repurchase or replace the Subject Vehicle at the time if failed to conform the Subject
16 Vehicle to the terms of the express warranty after a reasonable number of repair attempts. !
17 15. Defendant has failed to either promptly replace the Subject Vehicle or to promptly
18 make restitution in accordance with the Song-Beverly Act.
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19 16. Under the Act, Plaintiffs are entitled to reimbursement of the price paid for the
20 vehicle less that amount directly attributable to use by the Plaintiffs prior to the first presentation
21 to an authorized repair facility for a nonconformity.
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!"A manufacturer's duty to repurchase a vehicle does not depend on a consumer's request, but instead
23 arises as soon as the manufacturer fails to comply with the warranty within a reasonable time. (Krotin v. Porsche
Cai North America, Inc. (1995) 38 Cal.App.4th 294, 301-302, 45 Cal.Rptr.2d 10.) Chrysler performed the bridge
24 operation on Santan: ehicle in August 2014 with 30,262 miles on the odome —within the three-year, 36,000
mile warranty. The internal e-mails demonstrating Chrysler's awareness of the safety risks inherent in the bridge
25 operation were sent in September 2013, and thus Chrysler was well aware of the problem when it performed the
bridge operation on Santana's vehicle. Thus, Chrysler's duty to repurchase or provide restitution arose prior to the
26 expiration of the three-year, 36,000 mile warranty. Moreover, although we do not have the actual five-year,
100,000 mile power train warranty in our record, Santana’: expert testified that the no-start/stalling issues Santana
27 experienced were within the scope of the power train warranty, which was still active when Santana requested
repurchase in approximately January 2016, at 44,467 miles. Thus the premise of Chrysler's argument—that
28 Santana's request for repurchase was outside the relevant warranty—is not only irrelevant, but wrong." Santana v.
FCA US, LLC, 56 Cal. App. 5th 334, 270 Cal. Rptr. 3d 335 (2020).
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COMPLAINT; JURY TRIAL DEMANDED
17. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code,
section 1794, et seq. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code,
section 1794, et seq.
18. Plaintiffs are entitled to recover any "cover" damages under section 1794, et seq.
19. Plaintiffs are entitled to recover all incidental and consequential damages
pursuant to 1794 et seq.
20. Plaintiffs suffered damages in a sum to be proven at trial in an amount that is not
less than $35,001.00.
21. Plaintiffs are entitled to all incidental, consequential, and general damages
10 resulting from Defendants' failure to comply with its obligations under the Song-Beverly Act.
11 TOLLING OF THE STATUTES OF LIMITATION
a.
12 22. To the extent there are any statutes of limitation applicable to Plaintiffs claims-
13 including, without limitation, the express warranty, implied warranty, and negligent repair — the
14 running of the limitation periods have been tolled by, inter alia, the following doctrines or rules:
15 equitable tolling, the discovery rule, the fraudulent concealment rules, equitable estoppel, the
16 repair rule, and/or class action tolling (e.g., the American Pipe rule).
17 23. Plaintiffs discovered Defendant's wrongful conduct alleged herein shortly before
18 filing this Complaint as the Subject Vehicle continued to exhibit symptoms of defects following
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19 Defendant's unsuccessful attempts to repair them. However, Defendant failed to provide
20 restitution pursuant to the Song-Beverly Consumer Warranty Act.
21 A. Class Action Tolling
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24. Under the tolling rule articulated in Am. Pipe & Const. Co. v. Utah, 414 U.S. 538,
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94 S. Ct. 756, 38 L. Ed. 2d 713 (1974) (“American Pipe”), the filing of a class action lawsuit in
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federal court tolls the statute of limitations for the claims of unnamed class members until the
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class certification issue is resolved. In applying American Pipe tolling to California cases, the
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California Supreme Court summarized the tolling rule derived from American Pipe and stated
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that the statute of limitations is tolled from the time of commencement of the suit to the time of
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denial of certification for all purported members of the class. Jolly v. Eli Lilly & Co., 44 Cal.3d
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COMPLAINT; JURY TRIAL DEMANDED
1103, 1119 (1988). Tolling lasts from the day a class claim is asserted until the day the suit is
conclusively not a class action. Falk v. Children's Hosp. Los Angeles, 237 Cal. App. 4th 1454,
1464 (2015).
25. The tolling of Plaintiff's individual statute of limitations encourages the protection
of efficiency and economy in litigation as promoted by the class action devise, so that putative
class members would not find it necessary to seek to intervene or to join individually because of
fear the class might never be certified or putative class members may subsequently seek to request
exclusion.
B Discovery Rule Tolling
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11 26. Plaintiffs had no way of knowing about Defendant’s deception with respect to the
a.
12 defect until the defect manifested itself and Defendant was unable to repair it after a reasonable
13 number of repair attempts.
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27. Within the time period of any applicable statutes of limitation, Plaintiffs could not
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have discovered through the exercise of reasonable diligence that Defendant were concealing the
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defect and conduct complained ofherein and concealing the companies’ true position with respect
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to the defect.
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28. Defendant was under a continuous duty to disclose to Plaintiffs the true character,
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quality, and nature of the Vehicles suffering from the defect, and the inevitable repairs, costs,
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time, and monetary damage resulting from the defects.
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22 29. Plaintiffs did not discover, and did not know of, facts that would have caused a
23 reasonable person to suspect that Defendants had concealed information about the defect in
24 Defendants’ Vehicles prior to and at the time of sale and thereafter, which was discovered by
25 Plaintiffs shortly prior to the filing of this Complaint.
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C. The Repair Doctrine
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COMPLAINT; JURY TRIAL DEMANDED
30. The statute of limitations is tolled by various unsuccessful attempts to repair the
vehicle.”
31. Additionally, the limitations period for warranty claims is tolled against a
defendant whenever that defendant claims that the defect is susceptible to repair and attempts to
repair the defect.?
32. Here, Defendant (and its dealership) undertook to perform various repair measures.
During the time in which Defendant represented to Plaintiffs that the Subject Vehicle was fixable
and attempted to fix it, the warranty period may have thus been tolled.
10 33. By filing this Complaint, Plaintiffs hereby revoke acceptance of the Subject
11 Vehicle yet again.
12 FIRST CAUSE OF ACTION
13 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI
14 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
15 34. Plaintiffs incorporate by reference the allegations contained in the paragraphs set
16 forth above.
17 35. Defendant and its representatives in this state have been unable to service or
18 repair the Vehicle to conform to the applicable express warranties after a reasonable number of
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19 opportunities. Despite this fact, Defendant failed to promptly replace the Vehicle or make
20 restitution to Plaintiffs as required by Civil Code section 1793.2, subdivision (d) and Civil Code
21 section 1793.1, subdivision (a)(2).
22 36. Plaintiffs have been damaged by Defendant's failure to comply with its
23 obligations pursuant to Civil Code section 1793.2, subdivision (d) and Civil Code section
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? See Aced v. Hobbs—Sesack Plumbing Co., 55 Cal.2d 573, 585 (1961) (“The statute of limitatior is tolled
25 where one who has breached a warranty claims that the defect can be repaired and attempts to make rep: .”) and
A&B Painting & Drywall, Inc. v. Sup. Ct., 25 Cal.App.4th 349, 355 (2002) (“Tolling during a period of repairs
26 rests upon the same basis as does an estoppel to assert the statute of limitations, i.e., reliance by the plaintiff upon
the words or actions of the defendant that repairs will be made.”).
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“Tolling during a period of repairs generally rests upon the same legal basis as does an estoppel to assert
28 .¢., reliance by the plaintiff on the words or actions of the defendant that repairs will be
the statute of limitations,
made.” Cardinal Health 301, Inc. v. Tyco Electronics Corp., 169 Cal.App.4th 116, 133-134 (2008).
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COMPLAINT; JURY TRIAL DEMANDED
1793.1, subdivision (a)(2), and therefore brings this cause of action pursuant to Civil Code
section 1794.
37. Defendant's failure to comply with its obligations under Civil Code section
1793.2, subdivision (d) was wilful, in that Defendant and its representative were aware that they
were unable to service or repair the Vehicle to conform to the applicable express warranties
after a reasonable number of repair attempts, yet Defendant failed and refused to promptly
replace the Vehicle or make restitution. Accordingly, Plaintiffs are entitled to a civil penalty of
two times Plaintiff's actual damages pursuant to Civil Code section 1794, subdivision (c).
38. Defendant does not maintain a qualified third-party dispute resolution process
10 which substantially complies with Civil Code section 1793.22. Accordingly, Plaintiffs are
11 entitled to a civil penalty of two times Plaintiffs actual damages pursuant to Civil Code section
a.
12 1794, subdivision (e).
13 39. Plaintiffs seek civil penalties pursuant to section 1794, subdivisions (c), and (e)
14 in the alternative and do not seek to cumulate civil penalties, as provided in Civil Code section
15 1794, subdivision (e).
16 SECOND CAUSE OF ACTION
17 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI
18 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
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19 40. Plaintiffs incorporate by reference the allegations contained in the paragraphs set
20 forth above.
21 Al. Although Plaintiffs presented the Vehicle to Defendant's representative in this
22 state, Defendant and its representative failed to commence the service or repairs within a
23 reasonable time and failed to service or repair the Vehicle so as to conform to the applicable
24 warranties within 30 days, in violation of Civil Code section 1793.2, subdivision (b). Plaintiffs
25 did not extend the time for completion of repairs beyond the 30-day requirement.
26 42. Plaintiffs have been damaged by Defendant's failure to comply with its
27 obligations pursuant to Civil Code section 1793.2(b), and therefore brings this Cause of Action
28 pursuant to Civil Code section 1794.
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COMPLAINT; JURY TRIAL DEMANDED
43. Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of the
Vehicle and have exercised a right to cancel the purchase. By serving this Complaint, Plaintiffs
do so again. Accordingly, Plaintiffs seek the remedies provided in California Civil Code section
1794(b)(1), including the entire contract price. In the alternative, Plaintiffs seek the remedies
set forth in California Civil Code section 1794(b)(2), including the diminution in value of the
Vehicle resulting from its defects.
44. Plaintiffs believe that, at the present time, the Vehicle's value is worthless and/or
de minimis.
45. Defendant's failure to comply with its obligations under Civil Code section
10 1793.2(b) was wilful, in that Defendant and its representative were aware that they were
11 obligated to service or repair the Vehicle to conform to the applicable express warranties within
a.
12 30 days, yet they failed to do so. Accordingly, Plaintiffs are entitled to a civil penalty of two
13 times Plaintiffs actual damages pursuant to Civil Code section 1794(c).
14 THIRD CAUSE OF ACTION
15 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI
16 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
17 46. Plaintiffs incorporate by reference the allegations contained in paragraphs set
18 forth above.
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19 47. In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant failed to
20 make available to its authorized service and repair facilities sufficient service literature and
21 replacement parts to effect repairs during the express warranty period. Plaintiffs have been
22 damaged by Defendant's failure to comply with its obligations pursuant to Civil Code section
23 1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil Code section 1794.
24 48. Defendant's failure to comply with its obligations under Civil Code section
25 1793.2, subdivision (a)(3) was wilful, in that Defendant knew of its obligation to provide
26 literature and replacement parts sufficient to allow its repair facilities to effect repairs during
27 the warranty period, yet Defendant failed to take any action to correct its failure to comply with
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COMPLAINT; JURY TRIAL DEMANDED
1 the law. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual
damages, pursuant to Civil Code section 1794(c).
FOURTH CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
(CIV. CODE, § 1791.1; § 1794; § 1795.5)
49. Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
50. Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied
10 by Defendant's implied warranty of merchantability. Pursuant to Civil Code section 1791.1, the
11 duration of the implied warranty is coextensive in duration with the duration of the express
a.
12 written warranty provided by Defendant, except that the duration is not to exceed one-year.
13 S51. Pursuant to Civil Code section 1791.1 (a), the implied warranty of
14 merchantability means and includes that the Vehicle will comply with each of the following
15 requirements: (1) The Vehicle will pass without objection in the trade under the contract
16 description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3)
17 The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to
18 the promises or affirmations of fact made on the container or label.
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19 §2. At the time of sale, the subject vehicle contained one or more latent defect(s) set
20 forth above. The existence of the said defect(s)constitutes a breach of the implied warranty
21 because the Vehicle (1) does not pass without objection in the trade under the contract
22 description, (2) is not fit for the ordinary purposes for which such goods are used, (3) is not
23 adequately contained, packaged, and labelled, and (4) does not conform to the promises or
24 affirmations of fact made on the container or label.
25 53. Plaintiffs have been damaged by Defendant's failure to comply with its
26 obligations under the implied warranty, and therefore brings this Cause of Action pursuant to
27 Civil Code section 1794.
28 PRAYER
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COMPLAINT; JURY TRIAL DEMANDED
PLAINTIFFS PRAY for judgment against Defendants as follows:
For general, special, and actual damages according to proof;
For restitution;
For any consequential and incidental damages;
For a civil penalty in the amount of two times Plaintiffs' actual
damages pursuant to Civil Code section 1794, subdivision (c) or
(©);
For prejudgment interest at the legal rate;
For costs of the suit and Plaintiffs reasonable attorneys' fees
10 pursuant to Civil Code section 1794, subdivision (d); and
11 g For such other relief as the Court may deem proper.
a.
12 DEMAND FOR JURY TRIAL
13 Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
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15 Dated: March 18, 2024 STRATEGIC LEGAL PRACTICES, APC
16 — 5
17
TIONNA CARVALHO
18 Attorneys for Plaintiffs
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GEETI PASOON AND
19 HASHMATULLAH SAFI
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COMPLAINT; JURY TRIAL DEMANDED
Exhibit A
2017
Owner's Handbook &
Warranty Information
MY (Cover)(161218). 2s
x
;OWNER INFORMATION CHANGE CARD
Il
Check one:
tif you have changed your address or if you are the second or subsequent owner
'of your Hyundai, please notify us immediately by completing and mailing this i Change of Ownership
yowner information change card to: Change of Address
t Hyundai Customer Care Center Ino longer own this automobile as of _/ /
"Hyundai Motor America It was:
‘PO Box 20850 Q Exported O Sold
{Fountain Valley, CA 92728
Il Destroyed Stolen
iNEW OWNER INFORMATION Miss [ Ms. [ Mrs. | Mr.
Il
LT] CIRCLE
i AST |
L{1 1
LTT TTT TITTPTtTTtTttTtt
ttt ttt ti APT.
MAIL ADDRESS: NUMBER
FT TT TT TPTTPT Tit tit ttt tt tt ttt it 1 ZIP CODE
ciTy/TOWwn
Il [-
|-[ Home | Work | Cell
i ELEPHONE NUMBER IRCLE
{VEHICLE IDENTIFICATION: The VIN is located on the driver’s side of the dash.
'
LT | LT {{1TI
iW EHICLE IDENTIFICATION NUMBER ODOMETER READING
SIGNATURE
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TABLE OF CONTENTS
OWNER INFORMATION CHANGE CARD
SECTION 1 OWNER INFORMATION
SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM
SECTION 3 CONSUMER INFORMATION
HYUNDAI WARRANTY INFORMATION 12
HYUNDAI SUMMARY OF WARRANTY COVERAGE .. 13
* SECTION 4 HYUNDAI NEW VEHICLE LIMITED WARRANTY. 14
* SECTION 5 HYUNDAI HYBRID SYSTEM WARRANTY 20
* SECTION 6 HYUNDAI! POWERTRAIN LIMITED WARRANTY (ORIGINAL OWNER) .. 22
* SECTION 7 HYUNDAI ANTI-PERFORATION LIMITED WARRANTY 24
* SECTION 8 FEDERAL EMISSION DEFECT WARRANTY... 26
* SECTION 9 FEDERAL EMISSION PERFORMANCE WARRANTY, 28
5 YEARS/60,000 MILES FEDERAL EMISSION WARRANTY PARTS. 30
* SECTION 10 CALIFORNIA EMISSION CONTROL SYSTEMS WARRANTY 35
5 YEARS/60,000 MILES CALIFORNIA EMISSION WARRANTY PARTS. 38
* SECTION 11 REPLACEMENT PARTS AND ACCESSORIES LIMITED WARRANTY 43
MAINTENANCE RECORD 46
* FOR ROADSIDE ASSISTANCE CALL 1-800-243-7766 (See page 6 for details)
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SECTION 1 OWNER INFORMATION
HYUNDAI VEHICLE OWNER PRIVACY POLICY GENERAL INFORMATION
Your Hyundai vehicle may be equipped with technologies and This handbook describes the consumer information and
services that use information collected, generated, recorded warranties relating to your new Hyundai vehicle.
or stored by the vehicle. Hyundai has created a Vehicle
Owner Privacy Policy to explain how these technologies and Please read this handbook carefully to familiarize yourself
services collect, use, and share this information. with the type of service which you are entitled to under each
of the warranties applicable to your new Hyundai vehicle.
You may read our Vehicle Owner Privacy Policy on the
HyundaillSA.com website at: https://www.hyundaiusa.com/ To familiarize yourself with your new Hyundai vehicle, we
owner-privacy-policy.aspx. If you would like to receive suggest you also review the maintenance requirements
a hard copy of our Vehicle Owner Privacy Policy, please and operational features described in the Hyundai Owner’s
contact our Customer Care Center at: Manual.
Hyundai Motor America/Phoenix Hyundai Customer Care
Center
P.O. Box 83835
Phoenix, AZ 85071-3835
1-800-633-5151
consumeraffairs@hmausa.com
Hyundai's Customer Care Center representatives are available
Monday through Friday, between the hours of 5:00 AM and
7:00 PM PST and Saturday and Sunday between 6:30 AM and
3:00 PM PST (English). For Customer Care Care assistance
in Spanish or Korean, representatives are available Monday
through Friday between 6:30 AM and 3:00 PM PST.
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SECTION 1 OWNER INFORMATION
PRE-DELIVERY INSPECTION
To ensure your satisfaction and long term enjoyment of your
new Hyundai vehicle, your selling dealership has inspected
and conditioned your vehicle to Hyundai’s recommended
inspection and pre-delivery procedure standards.
PERIODIC INSPECTION AND MAINTENANCE
Regular inspection and maintenance by skilled Hyundai
technicians are the key to more efficient operation of the
vehicle. This inspection and maintenance must be carried
out in accordance with the recommendations given in the
Hyundai Owner’s Manual.
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SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM
HYUNDAI ROADSIDE ASSISTANCE PROGRAM TO RECEIVE ASSISTANCE CALL 1-800-243-7766
The Hyundai Roadside Assistance Program reflects Hyundai's A toll-free call to the Hyundai Roadside Assistance line
commitment to your complete satisfaction with the Hyundai will provide you with assistance for various Roadside
ownership experience. It is available to you in all 50 states Events. See "Coverage" section for details on program
and Canada, 24 hours a day, 365 days a year. coverage. To receive Roadside Assistance, call the Hyundai
Roadside Assistance Program phone number, and provide a
60 MONTHS/UNLIMITED MILES COVERAGE representative with the following:
Roadside Assistance is provided on all new 2017 model
Hyundai vehicles from the date the vehicle is delivered to the
Your Name
first retail buyer or otherwise put into use (in-service date),
Vehicle Identification Number (VIN) located on the driver’s
whichever is earlier, for a period of 60 months/unlimited
side dashboard
Vehicle Mileage
miles.
Vehicle Location
Description of your vehicle’s problem
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SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM
COVERAGE lf your vehicle has been diagnosed by an authorized
Hyundai dealership and if the reason for the disablement
The Hyundai Roadside Assistance Program provides you with
is a warrantable issue, please contact the Hyundai
the following services:
Customer Care Center toll free number at 1-800-633-5151
to request reimbursement.
0 National Hyundai Dealership Locator Service provides you
Examples of non-warranty related tows would include
with the location or phone number of Hyundai Dealerships
accidents or any other tow incident that is not the result
or Authorized Service Facilities in the United States.
of a defect in materials or workmanship.
Roadside Events are defined as either:
Trip Interruption Benefit: In the event a warrantable
1 Towing: Transport for your vehicle to the nearest
mechanical disablement occurs more than 150 miles away
Hyundai Dealership or Authorized Service Facility, in
from home, and your vehicle is disabled overnight due
the unlikely event your vehicle is inoperable, or
to a repair in process, Hyundai Roadside Assistance will
Roadside Services:
- Dead Battery/Jump Start reimburse you for reasonable expenses for meals, lodging,
- Flat Tire Change or alternate transportation. Trip Interruption Benefit is
limited to $100 per day, subject to a three-day maximum
(except vehicles that have been supplied with the
limit per incident.
Tire Mobility Kit instead of a spare tire)
Incidental or Consequential Damages, including without
Lock Out Service (keys locked in car)
limitation, Loss of Time, Inconvenience, Loss of Use of the
Gas Delivery (up to three gallons, where permissible,
at no charge when you run out)
vehicle, or Commercial Loss are not covered under this
Program.
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SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM
EXCLUSIONS Hyundai Motor America (HMA) reserves the right to limit
services or reimbursement to any owner or driver when, in
Roadside Assistance is not available for off-road conditions,
Hyundai Motor America’s judgment, the claims are excessive
or conditions manifesting themselves off-road. To receive
in frequency or type of occurrence.
service, the vehicle must be accessible from a publicly
maintained road.
Roadside Assistance is NOT A WARRANTY. For a description
of the warranty covering your 2017 Hyundai, see the Hyundai
New Vehicle Limited Warranty Section of this Owner's
Handbook. Roadside Assistance is a limited service, provided
to you to help minimize any unforeseen vehicle operation
inconvenience.
The Hyundai Roadside Assistance Program does not include
reimbursement for any costs/charges for repairs, parts,
labor, property loss or any other expense incurred as a
result of accident/collision, vehicle abuse, racing, vandalism
or other items not covered by the Hyundai New Vehicle
Limited Warranty. Also excluded are services for snow tires,
repair to studs, mounting or demounting of snow chains,
and any fines, fees or taxes associated with impound towing
as a result of any actual or alleged violation of any law or
regulation.
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SECTION 3 CONSUMER INFORMATION
HYUNDAI’S CONSUMER ASSISTANCE PROCESS 1) First, speak to the Service Advisor at the dealership. This
person is in the best position to respond to your concerns.
Hyundai is dedicated to achieving the highest level of
2) Should you require additional assistance, speak with the
consumer satisfaction with our product through quality
Service Manager or General Manager at the dealership.
design and workmanship and customer service. Your Hyundai
3) After consulting with your dealership, if you feel additional
dealership is in the best position to assist you with your
clarification or help is needed, write or call our Customer
sales, service or parts needs.
Care Center:
In the event you have a concern with your vehicle, being able
to provide the information below will be helpful in seeking
HYUNDAI MOTOR AMERICA,
Hyundai Customer Care Center
assistance:
PO Box 20850
Fountain Valley, CA 92728
Name and address
Vehicle model and model year
1-800-633-5151
Date of purchase
Consumeraffairs@hmausa.com
Vehicle Identification Number
Hyundai's Customer Care Center representatives are available
(a 17-Digit number found on driver’s side dashboard)
Monday through Friday, between the hours of 5:00 AM and
Current mileage
7:00 PM PST and Saturday and Sunday between 6:30 AM and
Selling and servicing dealership
3:00 PM PST (English). For Customer Care Center assistance
Service history of your vehicle
in Spanish or Korean, representatives are available Monday
Brief description of concern
through Friday between 6:30 AM and 3:00 PM PST. They are
Day/evening telephone number
prepared to answer any questions regarding your Hyundai,
What you are seeking
and may also provide assistance in getting your concern
resolved through the dealership.
We recommend you use the following steps to resolve your
vehicle's performance or servicing concerns:
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SECTION 3 CONSUMER INFORMATION
ALTERNATIVE DISPUTE RESOLUTION NOTE: If your state law requires written notification to the
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Hyundai Motor America’s internal consumer assistance
process will make every effort to resolve every customer
concern in a satisfactory manner. We realize, however,
HYUNDAI MOTOR AMERICA,
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that mutual agreement on some issues may not be possible.
To ensure that you have had an opportunity to have your
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concern fully reviewed, Hyundai Motor America provides an
Alternative Dispute Resolution (arbitration) program. Hyundai
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ELECTRONICALLY FILED Superior Court of California, STRATEGIC LEGAL PRACTICES A PROFESSIONAL CORPORATION County of Alameda Tionna Carvalho (SBN 299010) 03/22/2024 at 11:22:28 AM Email: tearvalho@slpattorney.com By: Damaree Franklin, Sanam Vaziri (SBN 177384) Deputy Clerk Email: svaziri@slpattorney.com (emailservices@slpattorney.com) 1888 Century Park East, 19" Floor Los Angeles, CA 90067 Telephone: (310) 929-4900 Facsimile: (310) 943-3838 Attorneys for Plaintiffs: GEETI PASOON AND HASHMATULLAH SAFI 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF ALAMEDA 12 13 GEETI PASOON AND HASHMATULLAH Case No.: 24CVOBRS FS 14 SAFI, 15 Hon. Plaintiffs, Dept. 16 vs. 17 COMPLAINT FOR VIOLATION OF HYUNDAI MOTOR AMERICA; and DOES 1 STATUTORY OBLIGATIONS 18 through 10, inclusive, n 19 Defendants. JURY TRIAL DEMANDED 20 21 22 23 24 25 26 27 28 COMPLAINT; JURY TRIAL DEMANDED Plaintiffs allege as follows: PARTIES 1 As used in this Complaint, the word "Plaintiffs" shall refer to Plaintiffs, GEETI PASOON AND HASHMATULLAH SAFI. 2 Plaintiffs are residents of Alameda County, California. 3 As used in this Complaint, the word "Defendants" shall refer to all Defendants named in this Complaint. 4 Defendant HYUNDAI MOTOR AMERICA ("Defendant HYUNDAI") is a corporation organized and in existence under the laws of the State of Delaware and registered 10 with the California Department of Corporations to conduct business in California. At all times 11 relevant herein, Defendant was engaged in the business of designing, manufacturing, a. 12 constructing, assembling, marketing, distributing, and selling automobiles and other motor 13 vehicles and motor vehicle components in Alameda County, California. 14 5 Plaintiffs are ignorant of the true names and capacities of the Defendants sued 15 under the fictitious names DOES | to 10. They are sued pursuant to Code of Civil Procedure 16 section 474. When Plaintiffs become aware of the true names and capacities of the Defendants 17 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and 18 capacities. n 19 FACTUAL BACKGROUND 20 6. On or about December 10, 2017, Plaintiffs entered into a warranty contract with 21 Defendant regarding a 2017 Hyundai Tucson, vehicle identification number 22 KM8J23A49HUS519100 ("Vehicle"), which was manufactured and or distributed by Defendant. 23 7 The warranty contract contained various warranties, including but not limited to 24 the bumper-bumper warranty, powertrain warranty, emission warranty, etc. A true and correct 25 copy of the warranty contract is attached hereto as Exhibit A. The terms of the express warranty 26 are described in Exhibit A and are incorporated herein. 27 8 Pursuant to the Song-Beverly Consumer Warranty Act (the "Act") Civil Code 28 sections 1790 et seq. the Subject Vehicle constitutes "consumer goods" used primarily for 1 COMPLAINT; JURY TRIAL DEMANDED family or household purposes, and Plaintiffs have used the vehicle primarily for those purposes. Plaintiffs are "buyers" of consumer goods under the Act. Defendant is a "manufacturer" and/or "distributor" under the Act. 9 Plaintiffs justifiably revoke acceptance of the Subject Vehicle under Civil Code, section 1794, et seq. by filing this Complaint and/or did so prior to filing the instant Complaint. 10. These causes of action arise out of the warranty obligations of in connection with a motor vehicle for which issued a written warranty. 11. Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to, engine defects, electrical 10 defects; among other defects and non-conformities. 11 12. Said defects/nonconformities substantially impair the use, value, or safety of the 12 Vehicle. 13 13. The value of the Subject Vehicle is worthless and/or de minimis. 14 14. Under the Song-Beverly Act, Defendant had an affirmative duty to promptly 15 offer to repurchase or replace the Subject Vehicle at the time if failed to conform the Subject 16 Vehicle to the terms of the express warranty after a reasonable number of repair attempts. ! 17 15. Defendant has failed to either promptly replace the Subject Vehicle or to promptly 18 make restitution in accordance with the Song-Beverly Act. n 19 16. Under the Act, Plaintiffs are entitled to reimbursement of the price paid for the 20 vehicle less that amount directly attributable to use by the Plaintiffs prior to the first presentation 21 to an authorized repair facility for a nonconformity. 22 !"A manufacturer's duty to repurchase a vehicle does not depend on a consumer's request, but instead 23 arises as soon as the manufacturer fails to comply with the warranty within a reasonable time. (Krotin v. Porsche Cai North America, Inc. (1995) 38 Cal.App.4th 294, 301-302, 45 Cal.Rptr.2d 10.) Chrysler performed the bridge 24 operation on Santan: ehicle in August 2014 with 30,262 miles on the odome —within the three-year, 36,000 mile warranty. The internal e-mails demonstrating Chrysler's awareness of the safety risks inherent in the bridge 25 operation were sent in September 2013, and thus Chrysler was well aware of the problem when it performed the bridge operation on Santana's vehicle. Thus, Chrysler's duty to repurchase or provide restitution arose prior to the 26 expiration of the three-year, 36,000 mile warranty. Moreover, although we do not have the actual five-year, 100,000 mile power train warranty in our record, Santana’: expert testified that the no-start/stalling issues Santana 27 experienced were within the scope of the power train warranty, which was still active when Santana requested repurchase in approximately January 2016, at 44,467 miles. Thus the premise of Chrysler's argument—that 28 Santana's request for repurchase was outside the relevant warranty—is not only irrelevant, but wrong." Santana v. FCA US, LLC, 56 Cal. App. 5th 334, 270 Cal. Rptr. 3d 335 (2020). 2 COMPLAINT; JURY TRIAL DEMANDED 17. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code, section 1794, et seq. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code, section 1794, et seq. 18. Plaintiffs are entitled to recover any "cover" damages under section 1794, et seq. 19. Plaintiffs are entitled to recover all incidental and consequential damages pursuant to 1794 et seq. 20. Plaintiffs suffered damages in a sum to be proven at trial in an amount that is not less than $35,001.00. 21. Plaintiffs are entitled to all incidental, consequential, and general damages 10 resulting from Defendants' failure to comply with its obligations under the Song-Beverly Act. 11 TOLLING OF THE STATUTES OF LIMITATION a. 12 22. To the extent there are any statutes of limitation applicable to Plaintiffs claims- 13 including, without limitation, the express warranty, implied warranty, and negligent repair — the 14 running of the limitation periods have been tolled by, inter alia, the following doctrines or rules: 15 equitable tolling, the discovery rule, the fraudulent concealment rules, equitable estoppel, the 16 repair rule, and/or class action tolling (e.g., the American Pipe rule). 17 23. Plaintiffs discovered Defendant's wrongful conduct alleged herein shortly before 18 filing this Complaint as the Subject Vehicle continued to exhibit symptoms of defects following n 19 Defendant's unsuccessful attempts to repair them. However, Defendant failed to provide 20 restitution pursuant to the Song-Beverly Consumer Warranty Act. 21 A. Class Action Tolling 22 24. Under the tolling rule articulated in Am. Pipe & Const. Co. v. Utah, 414 U.S. 538, 23 94 S. Ct. 756, 38 L. Ed. 2d 713 (1974) (“American Pipe”), the filing of a class action lawsuit in 24 federal court tolls the statute of limitations for the claims of unnamed class members until the 25 class certification issue is resolved. In applying American Pipe tolling to California cases, the 26 California Supreme Court summarized the tolling rule derived from American Pipe and stated 27 that the statute of limitations is tolled from the time of commencement of the suit to the time of 28 denial of certification for all purported members of the class. Jolly v. Eli Lilly & Co., 44 Cal.3d 3 COMPLAINT; JURY TRIAL DEMANDED 1103, 1119 (1988). Tolling lasts from the day a class claim is asserted until the day the suit is conclusively not a class action. Falk v. Children's Hosp. Los Angeles, 237 Cal. App. 4th 1454, 1464 (2015). 25. The tolling of Plaintiff's individual statute of limitations encourages the protection of efficiency and economy in litigation as promoted by the class action devise, so that putative class members would not find it necessary to seek to intervene or to join individually because of fear the class might never be certified or putative class members may subsequently seek to request exclusion. B Discovery Rule Tolling 10 11 26. Plaintiffs had no way of knowing about Defendant’s deception with respect to the a. 12 defect until the defect manifested itself and Defendant was unable to repair it after a reasonable 13 number of repair attempts. 14 27. Within the time period of any applicable statutes of limitation, Plaintiffs could not 15 have discovered through the exercise of reasonable diligence that Defendant were concealing the 16 defect and conduct complained ofherein and concealing the companies’ true position with respect 17 to the defect. 18 n 28. Defendant was under a continuous duty to disclose to Plaintiffs the true character, 19 quality, and nature of the Vehicles suffering from the defect, and the inevitable repairs, costs, 20 time, and monetary damage resulting from the defects. 21 22 29. Plaintiffs did not discover, and did not know of, facts that would have caused a 23 reasonable person to suspect that Defendants had concealed information about the defect in 24 Defendants’ Vehicles prior to and at the time of sale and thereafter, which was discovered by 25 Plaintiffs shortly prior to the filing of this Complaint. 26 C. The Repair Doctrine 27 28 4 COMPLAINT; JURY TRIAL DEMANDED 30. The statute of limitations is tolled by various unsuccessful attempts to repair the vehicle.” 31. Additionally, the limitations period for warranty claims is tolled against a defendant whenever that defendant claims that the defect is susceptible to repair and attempts to repair the defect.? 32. Here, Defendant (and its dealership) undertook to perform various repair measures. During the time in which Defendant represented to Plaintiffs that the Subject Vehicle was fixable and attempted to fix it, the warranty period may have thus been tolled. 10 33. By filing this Complaint, Plaintiffs hereby revoke acceptance of the Subject 11 Vehicle yet again. 12 FIRST CAUSE OF ACTION 13 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI 14 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2 15 34. Plaintiffs incorporate by reference the allegations contained in the paragraphs set 16 forth above. 17 35. Defendant and its representatives in this state have been unable to service or 18 repair the Vehicle to conform to the applicable express warranties after a reasonable number of n 19 opportunities. Despite this fact, Defendant failed to promptly replace the Vehicle or make 20 restitution to Plaintiffs as required by Civil Code section 1793.2, subdivision (d) and Civil Code 21 section 1793.1, subdivision (a)(2). 22 36. Plaintiffs have been damaged by Defendant's failure to comply with its 23 obligations pursuant to Civil Code section 1793.2, subdivision (d) and Civil Code section 24 ? See Aced v. Hobbs—Sesack Plumbing Co., 55 Cal.2d 573, 585 (1961) (“The statute of limitatior is tolled 25 where one who has breached a warranty claims that the defect can be repaired and attempts to make rep: .”) and A&B Painting & Drywall, Inc. v. Sup. Ct., 25 Cal.App.4th 349, 355 (2002) (“Tolling during a period of repairs 26 rests upon the same basis as does an estoppel to assert the statute of limitations, i.e., reliance by the plaintiff upon the words or actions of the defendant that repairs will be made.”). 27 “Tolling during a period of repairs generally rests upon the same legal basis as does an estoppel to assert 28 .¢., reliance by the plaintiff on the words or actions of the defendant that repairs will be the statute of limitations, made.” Cardinal Health 301, Inc. v. Tyco Electronics Corp., 169 Cal.App.4th 116, 133-134 (2008). 5 COMPLAINT; JURY TRIAL DEMANDED 1793.1, subdivision (a)(2), and therefore brings this cause of action pursuant to Civil Code section 1794. 37. Defendant's failure to comply with its obligations under Civil Code section 1793.2, subdivision (d) was wilful, in that Defendant and its representative were aware that they were unable to service or repair the Vehicle to conform to the applicable express warranties after a reasonable number of repair attempts, yet Defendant failed and refused to promptly replace the Vehicle or make restitution. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiff's actual damages pursuant to Civil Code section 1794, subdivision (c). 38. Defendant does not maintain a qualified third-party dispute resolution process 10 which substantially complies with Civil Code section 1793.22. Accordingly, Plaintiffs are 11 entitled to a civil penalty of two times Plaintiffs actual damages pursuant to Civil Code section a. 12 1794, subdivision (e). 13 39. Plaintiffs seek civil penalties pursuant to section 1794, subdivisions (c), and (e) 14 in the alternative and do not seek to cumulate civil penalties, as provided in Civil Code section 15 1794, subdivision (e). 16 SECOND CAUSE OF ACTION 17 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI 18 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2 n 19 40. Plaintiffs incorporate by reference the allegations contained in the paragraphs set 20 forth above. 21 Al. Although Plaintiffs presented the Vehicle to Defendant's representative in this 22 state, Defendant and its representative failed to commence the service or repairs within a 23 reasonable time and failed to service or repair the Vehicle so as to conform to the applicable 24 warranties within 30 days, in violation of Civil Code section 1793.2, subdivision (b). Plaintiffs 25 did not extend the time for completion of repairs beyond the 30-day requirement. 26 42. Plaintiffs have been damaged by Defendant's failure to comply with its 27 obligations pursuant to Civil Code section 1793.2(b), and therefore brings this Cause of Action 28 pursuant to Civil Code section 1794. 6 COMPLAINT; JURY TRIAL DEMANDED 43. Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of the Vehicle and have exercised a right to cancel the purchase. By serving this Complaint, Plaintiffs do so again. Accordingly, Plaintiffs seek the remedies provided in California Civil Code section 1794(b)(1), including the entire contract price. In the alternative, Plaintiffs seek the remedies set forth in California Civil Code section 1794(b)(2), including the diminution in value of the Vehicle resulting from its defects. 44. Plaintiffs believe that, at the present time, the Vehicle's value is worthless and/or de minimis. 45. Defendant's failure to comply with its obligations under Civil Code section 10 1793.2(b) was wilful, in that Defendant and its representative were aware that they were 11 obligated to service or repair the Vehicle to conform to the applicable express warranties within a. 12 30 days, yet they failed to do so. Accordingly, Plaintiffs are entitled to a civil penalty of two 13 times Plaintiffs actual damages pursuant to Civil Code section 1794(c). 14 THIRD CAUSE OF ACTION 15 BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI 16 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2 17 46. Plaintiffs incorporate by reference the allegations contained in paragraphs set 18 forth above. n 19 47. In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant failed to 20 make available to its authorized service and repair facilities sufficient service literature and 21 replacement parts to effect repairs during the express warranty period. Plaintiffs have been 22 damaged by Defendant's failure to comply with its obligations pursuant to Civil Code section 23 1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil Code section 1794. 24 48. Defendant's failure to comply with its obligations under Civil Code section 25 1793.2, subdivision (a)(3) was wilful, in that Defendant knew of its obligation to provide 26 literature and replacement parts sufficient to allow its repair facilities to effect repairs during 27 the warranty period, yet Defendant failed to take any action to correct its failure to comply with 28 7 COMPLAINT; JURY TRIAL DEMANDED 1 the law. Accordingly, Plaintiffs are entitled to a civil penalty of two times Plaintiffs’ actual damages, pursuant to Civil Code section 1794(c). FOURTH CAUSE OF ACTION BY PLAINTIFFS AGAINST DEFENDANT HYUNDAI BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY (CIV. CODE, § 1791.1; § 1794; § 1795.5) 49. Plaintiffs incorporate by reference the allegations contained in the paragraphs set forth above. 50. Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied 10 by Defendant's implied warranty of merchantability. Pursuant to Civil Code section 1791.1, the 11 duration of the implied warranty is coextensive in duration with the duration of the express a. 12 written warranty provided by Defendant, except that the duration is not to exceed one-year. 13 S51. Pursuant to Civil Code section 1791.1 (a), the implied warranty of 14 merchantability means and includes that the Vehicle will comply with each of the following 15 requirements: (1) The Vehicle will pass without objection in the trade under the contract 16 description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3) 17 The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to 18 the promises or affirmations of fact made on the container or label. n 19 §2. At the time of sale, the subject vehicle contained one or more latent defect(s) set 20 forth above. The existence of the said defect(s)constitutes a breach of the implied warranty 21 because the Vehicle (1) does not pass without objection in the trade under the contract 22 description, (2) is not fit for the ordinary purposes for which such goods are used, (3) is not 23 adequately contained, packaged, and labelled, and (4) does not conform to the promises or 24 affirmations of fact made on the container or label. 25 53. Plaintiffs have been damaged by Defendant's failure to comply with its 26 obligations under the implied warranty, and therefore brings this Cause of Action pursuant to 27 Civil Code section 1794. 28 PRAYER 8 COMPLAINT; JURY TRIAL DEMANDED PLAINTIFFS PRAY for judgment against Defendants as follows: For general, special, and actual damages according to proof; For restitution; For any consequential and incidental damages; For a civil penalty in the amount of two times Plaintiffs' actual damages pursuant to Civil Code section 1794, subdivision (c) or (©); For prejudgment interest at the legal rate; For costs of the suit and Plaintiffs reasonable attorneys' fees 10 pursuant to Civil Code section 1794, subdivision (d); and 11 g For such other relief as the Court may deem proper. a. 12 DEMAND FOR JURY TRIAL 13 Plaintiffs hereby demand a jury trial on all causes of action asserted herein. 14 15 Dated: March 18, 2024 STRATEGIC LEGAL PRACTICES, APC 16 — 5 17 TIONNA CARVALHO 18 Attorneys for Plaintiffs n GEETI PASOON AND 19 HASHMATULLAH SAFI 20 21 22 23 24 25 26 27 28 9 COMPLAINT; JURY TRIAL DEMANDED Exhibit A 2017 Owner's Handbook & Warranty Information MY (Cover)(161218). 2s x ;OWNER INFORMATION CHANGE CARD Il Check one: tif you have changed your address or if you are the second or subsequent owner 'of your Hyundai, please notify us immediately by completing and mailing this i Change of Ownership yowner information change card to: Change of Address t Hyundai Customer Care Center Ino longer own this automobile as of _/ / "Hyundai Motor America It was: ‘PO Box 20850 Q Exported O Sold {Fountain Valley, CA 92728 Il Destroyed Stolen iNEW OWNER INFORMATION Miss [ Ms. [ Mrs. | Mr. Il LT] CIRCLE i AST | L{1 1 LTT TTT TITTPTtTTtTttTtt ttt ttt ti APT. MAIL ADDRESS: NUMBER FT TT TT TPTTPT Tit tit ttt tt tt ttt it 1 ZIP CODE ciTy/TOWwn Il [- |-[ Home | Work | Cell i ELEPHONE NUMBER IRCLE {VEHICLE IDENTIFICATION: The VIN is located on the driver’s side of the dash. ' LT | LT {{1TI iW EHICLE IDENTIFICATION NUMBER ODOMETER READING SIGNATURE Hyundai USA ALL 17MY(Main)(161215).indd 1 2016-12-18 2% 3:20145 TABLE OF CONTENTS OWNER INFORMATION CHANGE CARD SECTION 1 OWNER INFORMATION SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM SECTION 3 CONSUMER INFORMATION HYUNDAI WARRANTY INFORMATION 12 HYUNDAI SUMMARY OF WARRANTY COVERAGE .. 13 * SECTION 4 HYUNDAI NEW VEHICLE LIMITED WARRANTY. 14 * SECTION 5 HYUNDAI HYBRID SYSTEM WARRANTY 20 * SECTION 6 HYUNDAI! POWERTRAIN LIMITED WARRANTY (ORIGINAL OWNER) .. 22 * SECTION 7 HYUNDAI ANTI-PERFORATION LIMITED WARRANTY 24 * SECTION 8 FEDERAL EMISSION DEFECT WARRANTY... 26 * SECTION 9 FEDERAL EMISSION PERFORMANCE WARRANTY, 28 5 YEARS/60,000 MILES FEDERAL EMISSION WARRANTY PARTS. 30 * SECTION 10 CALIFORNIA EMISSION CONTROL SYSTEMS WARRANTY 35 5 YEARS/60,000 MILES CALIFORNIA EMISSION WARRANTY PARTS. 38 * SECTION 11 REPLACEMENT PARTS AND ACCESSORIES LIMITED WARRANTY 43 MAINTENANCE RECORD 46 * FOR ROADSIDE ASSISTANCE CALL 1-800-243-7766 (See page 6 for details) Hyundai USA ALL 17MY(Main)(161215).indd 3 2016-12-18 2% 3:20145 SECTION 1 OWNER INFORMATION HYUNDAI VEHICLE OWNER PRIVACY POLICY GENERAL INFORMATION Your Hyundai vehicle may be equipped with technologies and This handbook describes the consumer information and services that use information collected, generated, recorded warranties relating to your new Hyundai vehicle. or stored by the vehicle. Hyundai has created a Vehicle Owner Privacy Policy to explain how these technologies and Please read this handbook carefully to familiarize yourself services collect, use, and share this information. with the type of service which you are entitled to under each of the warranties applicable to your new Hyundai vehicle. You may read our Vehicle Owner Privacy Policy on the HyundaillSA.com website at: https://www.hyundaiusa.com/ To familiarize yourself with your new Hyundai vehicle, we owner-privacy-policy.aspx. If you would like to receive suggest you also review the maintenance requirements a hard copy of our Vehicle Owner Privacy Policy, please and operational features described in the Hyundai Owner’s contact our Customer Care Center at: Manual. Hyundai Motor America/Phoenix Hyundai Customer Care Center P.O. Box 83835 Phoenix, AZ 85071-3835 1-800-633-5151 consumeraffairs@hmausa.com Hyundai's Customer Care Center representatives are available Monday through Friday, between the hours of 5:00 AM and 7:00 PM PST and Saturday and Sunday between 6:30 AM and 3:00 PM PST (English). For Customer Care Care assistance in Spanish or Korean, representatives are available Monday through Friday between 6:30 AM and 3:00 PM PST. Hyundai USA ALL 17MY(Main)(161215).indd 4 2016-12-15 2% 3:20145 SECTION 1 OWNER INFORMATION PRE-DELIVERY INSPECTION To ensure your satisfaction and long term enjoyment of your new Hyundai vehicle, your selling dealership has inspected and conditioned your vehicle to Hyundai’s recommended inspection and pre-delivery procedure standards. PERIODIC INSPECTION AND MAINTENANCE Regular inspection and maintenance by skilled Hyundai technicians are the key to more efficient operation of the vehicle. This inspection and maintenance must be carried out in accordance with the recommendations given in the Hyundai Owner’s Manual. Hyundai USA ALL 17MY(Main)(161215).indd 5 2016-12-15 2 20145 SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM HYUNDAI ROADSIDE ASSISTANCE PROGRAM TO RECEIVE ASSISTANCE CALL 1-800-243-7766 The Hyundai Roadside Assistance Program reflects Hyundai's A toll-free call to the Hyundai Roadside Assistance line commitment to your complete satisfaction with the Hyundai will provide you with assistance for various Roadside ownership experience. It is available to you in all 50 states Events. See "Coverage" section for details on program and Canada, 24 hours a day, 365 days a year. coverage. To receive Roadside Assistance, call the Hyundai Roadside Assistance Program phone number, and provide a 60 MONTHS/UNLIMITED MILES COVERAGE representative with the following: Roadside Assistance is provided on all new 2017 model Hyundai vehicles from the date the vehicle is delivered to the Your Name first retail buyer or otherwise put into use (in-service date), Vehicle Identification Number (VIN) located on the driver’s whichever is earlier, for a period of 60 months/unlimited side dashboard Vehicle Mileage miles. Vehicle Location Description of your vehicle’s problem Hyundai USA ALL 17MY(Main)(161215).indd 6 2016-12-18 2% 3:20145 SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM COVERAGE lf your vehicle has been diagnosed by an authorized Hyundai dealership and if the reason for the disablement The Hyundai Roadside Assistance Program provides you with is a warrantable issue, please contact the Hyundai the following services: Customer Care Center toll free number at 1-800-633-5151 to request reimbursement. 0 National Hyundai Dealership Locator Service provides you Examples of non-warranty related tows would include with the location or phone number of Hyundai Dealerships accidents or any other tow incident that is not the result or Authorized Service Facilities in the United States. of a defect in materials or workmanship. Roadside Events are defined as either: Trip Interruption Benefit: In the event a warrantable 1 Towing: Transport for your vehicle to the nearest mechanical disablement occurs more than 150 miles away Hyundai Dealership or Authorized Service Facility, in from home, and your vehicle is disabled overnight due the unlikely event your vehicle is inoperable, or to a repair in process, Hyundai Roadside Assistance will Roadside Services: - Dead Battery/Jump Start reimburse you for reasonable expenses for meals, lodging, - Flat Tire Change or alternate transportation. Trip Interruption Benefit is limited to $100 per day, subject to a three-day maximum (except vehicles that have been supplied with the limit per incident. Tire Mobility Kit instead of a spare tire) Incidental or Consequential Damages, including without Lock Out Service (keys locked in car) limitation, Loss of Time, Inconvenience, Loss of Use of the Gas Delivery (up to three gallons, where permissible, at no charge when you run out) vehicle, or Commercial Loss are not covered under this Program. Hyundai USA ALL 17MY(Main)(161215).indd 7 2016-12-15 2% 3:20145 SECTION 2 HYUNDAI ROADSIDE ASSISTANCE PROGRAM EXCLUSIONS Hyundai Motor America (HMA) reserves the right to limit services or reimbursement to any owner or driver when, in Roadside Assistance is not available for off-road conditions, Hyundai Motor America’s judgment, the claims are excessive or conditions manifesting themselves off-road. To receive in frequency or type of occurrence. service, the vehicle must be accessible from a publicly maintained road. Roadside Assistance is NOT A WARRANTY. For a description of the warranty covering your 2017 Hyundai, see the Hyundai New Vehicle Limited Warranty Section of this Owner's Handbook. Roadside Assistance is a limited service, provided to you to help minimize any unforeseen vehicle operation inconvenience. The Hyundai Roadside Assistance Program does not include reimbursement for any costs/charges for repairs, parts, labor, property loss or any other expense incurred as a result of accident/collision, vehicle abuse, racing, vandalism or other items not covered by the Hyundai New Vehicle Limited Warranty. Also excluded are services for snow tires, repair to studs, mounting or demounting of snow chains, and any fines, fees or taxes associated with impound towing as a result of any actual or alleged violation of any law or regulation. Hyundai USA ALL 17MY(Main)(161215).indd 8 2016-12-15 2% 3:20146 SECTION 3 CONSUMER INFORMATION HYUNDAI’S CONSUMER ASSISTANCE PROCESS 1) First, speak to the Service Advisor at the dealership. This person is in the best position to respond to your concerns. Hyundai is dedicated to achieving the highest level of 2) Should you require additional assistance, speak with the consumer satisfaction with our product through quality Service Manager or General Manager at the dealership. design and workmanship and customer service. Your Hyundai 3) After consulting with your dealership, if you feel additional dealership is in the best position to assist you with your clarification or help is needed, write or call our Customer sales, service or parts needs. Care Center: In the event you have a concern with your vehicle, being able to provide the information below will be helpful in seeking HYUNDAI MOTOR AMERICA, Hyundai Customer Care Center assistance: PO Box 20850 Fountain Valley, CA 92728 Name and address Vehicle model and model year 1-800-633-5151 Date of purchase Consumeraffairs@hmausa.com Vehicle Identification Number Hyundai's Customer Care Center representatives are available (a 17-Digit number found on driver’s side dashboard) Monday through Friday, between the hours of 5:00 AM and Current mileage 7:00 PM PST and Saturday and Sunday between 6:30 AM and Selling and servicing dealership 3:00 PM PST (English). For Customer Care Center assistance Service history of your vehicle in Spanish or Korean, representatives are available Monday Brief description of concern through Friday between 6:30 AM and 3:00 PM PST. They are Day/evening telephone number prepared to answer any questions regarding your Hyundai, What you are seeking and may also provide assistance in getting your concern resolved through the dealership. We recommend you use the following steps to resolve your vehicle's performance or servicing concerns: Hyundai USA ALL 17MY(Main)(161215).indd 9 2016-12-15 2% 3:20146 SECTION 3 CONSUMER INFORMATION ALTERNATIVE DISPUTE RESOLUTION NOTE: If your state law requires written notification to the manufacturer please write: Hyundai Motor America’s internal consumer assistance process will make every effort to resolve every customer concern in a satisfactory manner. We realize, however, HYUNDAI MOTOR AMERICA, Hyundai Customer Care Center that mutual agreement on some issues may not be possible. To ensure that you have had an opportunity to have your PO Box 20850 Fountain Valley, CA 92728 concern fully reviewed, Hyundai Motor America provides an Alternative Dispute Resolution (arbitration) program. Hyundai Consumeraffairs@hmausa.com offers the program through: To begin the Alternative Dispute Resolution (arbitration) process, simply call the Council of Better Business Bureaus at BBB AUTO LINE 1-800-955-5100 and you will be sent a Customer Claim Alternative Dispute Resolution Division Form, along with a handbook describing how BBB AUTO Council of Better Business Bureaus, Inc. LINE works. Time and mileage limitations may apply. Please 3033 Wilson Boulevard, Suite 600 refer to the Owner’s Handbook Supplement for additional Arlington, Virginia 22201 information regarding eligibility requirements in your state. 1-800-955-5100 IMPORTANT: You must use BBB AUTO LINE prior to seeking This service is provided at no cost to you and is part of remedies through a court action pursuant to the Magnuson- Hyundai’s effort to provide you with an impartial third-party