Preview
SuperiCou
or Cour
nty oneCalifornia
COVER SHEET JUL aa 2019
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
Department 3 Case No. SCV0038637
(Space below forfilestamp only)
Anna King,
Plaintiff,
vs.
Hyundai Motor America,
Defendant.
Michael W. Jones
Judge Presiding
Highlighted transcript of King pages 46 [1] through 61 [16] as ordered 07/15/19 at3:05 p.m.
Instructions refused or withdrawn or held
HoOoooagg
Verdicts used
Verdicts not used
Questions asked during trial
Questions asked during deliberation
Juror deliberation brochure entitled, “Behind Closed Doors ...A Guide for
Jury Deliberations”
Consisting of pages herein.
Clerk: __K.Harding
0. BY MR. ALTMAN: The answer is?
Aus No.
Q. BY MR. ALTMAN: There is no indication of a
delay. Did you ever say there was a delay to them?
A. No.
On “Did you ever have an actual accident or
Collision at “thet tcume as a result of the failure of
the backup camera system?
A. MeiS ) clne@lakel =
10 Q Can you describe to the jury what happened?
id A. I backed into my significant other's Erwek.
12 Q And how did that happen?
13 A l couldn") see ne, tf don't knew. L juSe halt
14 ute .
15 Q. Got it.
16 Let me also ask you when you took it in at some
ie point in time did you lose faith in Hyundai?
18 A. I believe it was around this Visit I didn't
2 think they could fix it. They couldn't come up with
20 aS
2d 0. And why is thet why did you give up
22 essentially?
23 A. Well, they couldn't duplicate it se I just
24 assumed there was nothing they could do.
25 Q. Now had anyone advised you of Lemon Law at that
26 point in time did you have any idea about Lemon Law
a7 rights?
28 A. No.
vib
Q. Let me also ask you when you took it to Hyundai
this time this is now the fourth year of your having
these problems, did they perform any Pepeir at all as
far as you understood?
A. This was actually a recall for something that
they called a stop lamp switch. So they did replace
that.
Q. Other than that did they address as far as you
understood it did they address your backup camera
10 System malfunction as far as you knew?
11 A. I assume they looked at it, but I don't see it
L2 listed there.
L3 QO. At some point in time did you have to take your
14 car in again?
LS Bs. Yes.
16 Q. Let me turn your attention to Exhibit 13.
L7 First of all let me ask you when you would go to
L8 Hyundai and you would get your -- their paperwork, what
19 was the process with you -- with that at least how did
20 you end up picking up your car when they would tell you
Aad they can't fix it?
22 MR. SENIOR: I'm going to object to the
23 precursor also vague as to which independent facility
24 he is talking about.
29 Tan COURT: Sustained.
26 MR. ALTMAN: Let's go to Hyundai dealership
27 facility in Roseville.
28 When you would go to Roseville and you would turn
2
your car in and tell them about the backup camera system
not working and they would release the car back to you
how would you end up getting it what would you have to
do?
MR. SENIOR: Objection. Vague and ambiguous.
THE COURT: Overruled.
THE WITNESS: They would explain to me what
they did or didn't find and they would have me sign
LOY it.
10 '. BY MR. ALTMAN: GOt it.
acd, And when you would Sign did you understand you
L2 would have to sign the Paperwork to get your car?
13 A. That's how they worded it, yes.
14 Q. When you went into Folsom was it the same
1.5 thing?
16 A. Yes.
17 Q. Whichever Hyundai's facilities you went to you
18 would have to sign the papers to get the keys back to
L9 your car?
20 A. Correct.
ZL QO. Would you also try to keep the paperwork that
2D you had?
23 A. Yes.
24 Q. For these visits?
Zo A. Yes.
26 Q. And looking at Exhibit 13 does this look
27 familiar to you does it look like one of the repair
28 attempts paperwork that you get?
“Uy
A. YES.
OF In fact do you believe this is a copy of what
you have for your records?
A. Yes.
Q. And do you have a practice of keeping records?
A. Absolutely.
Q. Okay. In fact, even for this case did you
actually go to Hyundai at some point and try to get a
complete set of your records?
10 A. = did... I asked for all my service records.
eo Q. So Exhibit 13 looks like one of the records
Le that you have?
LS A. YSs'.
14 MR. ALTMAN: GOE Lt.
Rs Your Honor we would ask for PErMissilon to admit
16 and publish.
17 MR. SENIOR: Objection, Your Honor there are
18 several different documents in Exhibit 13 and also you
i9 have already ruled on it as a motion in limine it is
20 hearsay.
aL MR. ALTMAN: Your Honor this was not ruled on
22 and we established the foundation.
23 THE COURT: Ll sustain the objection as to
24 foundation and hearsay.
Ze MR. ALTMAN: Okay.
26 Q. Let me ask you: This is a copy of a repair
21 attempt that that you had; is that correct?
28 A. Yes.
Q. You have a regular course of practice of
Maintaining records such as this?
A. Uh-huh, yes.
Q. Is that a yes?
A. Yes.
Q. is this a ¢opy of what you have as far as your
I'm going to call it business records?
A. Yes.
MR. ALTMAN: Your Honor, we assert the
10 foundation on this.
11 MR. SENIOR: Same objections, Your Honor.
12 THE COURT: Sustained.
13 Q. BY MR. ALTMAN: What do you recall happened
14 during this -- well, first of all what is the
LS approximate date of this next repair attempt?
16 A. It looks like August lst of 2015 %
17 Q. And what was going on with your Hyundai yet
18 again when you brought it in this time this is now the
LQ LLfth year.
20 A. The camera was still having the same issues,
21 but then also this was an air conditioner VLSLE, too.
22 Q. Sure. This time if August of 2015 «+ one
23 moment, Your Honor.
24 MR. ALTMAN: Was Hyundai in fact able to verify
Zo your problem?
26 THE WITNESS: No I don't believe so. I want to
27 Say the tech if it was this visit I think the tech
28 tOld Us that ==
MR. SENIOR: Objection, Your Honor hearsay and
it's been ruled on.
THE COURT: Sustained.
QO: BY MR. ALTMAN: Let me ask you if I can turn your
attention to page i and page 2 of this -- actually I'm
sorry 13.4 and 13.5.
First of all do you have an exact recollection of
your repair order as you sit here?
A. Yes.
10 Ox Do you have an exact recollection as to
11 everything that is contained in the repair order
12 without looking at it do you have an exact
Ld recollection?
14 A. Yes.
LS Q. You do?
16 A. Yes.
Ld Q. Do you know whether in fact they were able to
18 verify an issue with your backup camera system?
19 MR. SENIOR: I'm going to object. Lt Calls for
20 hearsay and the witness has testified that she has an
24. exact memory of the repair order so she shouldn't be
ne using whatever Exhibit 13 is to refresh her
ao recollection.
24 THE COURT: Objection. Hearsay is sustained.
25 QO. BY MR. ALTMAN: Was your understanding that
26 Hyundai at this time verified your issue?
27 MR. SENIOR: Objection. Calls for speculation
28 and hearsay.
THE COURT: Overruled.
THE WITNESS: I believe they told me that.
MR. SENIOR: Objection, Your Honor hearsay.
MR. ALTMAN: I'm not asking what they told you
but did they in fact verify your issue this time?
THE WITNESS: No not 100 percent.
QO: Some part of it they verified?
MR. SENIOR: Objection. Leading.
THE COURT: We are getting into Lead mg.
10 Move on to the next question.
La MR. ALTMAN: Sure.
12 Q. Was this right after -- was this shortly after
Ls your warranty expired?
14 A. Yes.
15 on And this was the five year/60,000-mile
16 warranty?
17 A. Correct.
18 Q. And was it your understanding that that was the
19 Warranty that Hyundai covered your backup camera
20 system?
Zi A. Yes.
22 MR. SENIOR: Objection that's going to be
£3 hearsay calls for legal conclusion and relevance.
24 THE COURT: Overruled.
20 MR. ALTMAN: Thank you.
26 Is that your understanding?
2] As Yes.
28 O« And you had discussions with Hyundai people
about your warranty coverage; is that correct?
As Correct.
Q. You understood that your five-year warranty
apparently had expired and all of a sudden there was
some verification of your problem?
MR. SENIOR: Objection that misstates
testimony.
THE COURT's Sustained as phrased let's rephrase
it without the editorials just ask the questions.
10 MR. ALTMAN: Sure.
11 THE COURT: Thank you.
12 0. BY MR. ALTMAN: At this point in time was there
3 repair work that was -- was there any repair suggestions
14 made to you by Hyundai at this point in time after your
LS Warranty expired?
16 MR. SENIOR: Objection. Hearsay and also
17 leading and argumentative.
18 THE COURT: Overruled.
L9 THE WITNESS: Yes.
20 @. BY MR. ALTMAN: Okay. Did you take them up on
at their repair suggestions?
Ze A. i did 16t,.
23 Q. Okay did you have any idea whether the repair
24 Suggestions from what they told you were going to
29 work?
26 A. No.
27 Q. Were you still having the same problems?
28 Bs LES 5
~~
Q. Were you still having this -- the system
completely inoperable?
A. Yes.
Q Still driving it and still having that problem?
Bes Yes.
Q GOt 16.
Now at some point in time let me ask you at this
point in time your fifth year of dealing with the same
problem did Hyundai at that point in time offer to
10 repurchase your vehicle?
aL A. No.
LZ Q. Did anyone from Hyundai reach out to you and
13 tell you what your rights were?
14 A. No.
LS Oa Do you have any doubt in your mind that that
16 didn't happen?
LT A. No.
18 Os After this happened after this yet another
19 presentation of the same problem at some point in time
20 did you actually reach out to Hyundai?
Zh A, I aid.
22 QO: Hyundai hadn't reached out to you?
£3 Avs Correct.
24 Q. First of g11 when you reached out to Hyundai,
Zo what was the -- how did you determine where to go what
26 were you looking at about how to reach Hyundai?
27 A. I went back to the warranty book.
28 Q. Okay. I would like to turn your attention to
eV
Exhibit 2.
MR. ALTMAN: Your Honor I"m just trying to
Getermine if theré is an objection.
MR. SENIOR: I have no objection.
MR. ALTMAN: Okay.
So Your Honor we would ask permission to publish
and display page 12 of Exhibit 2.
THE COURT: Exhibit twe you are requesting it
be admitted any objection to Exhibit 22
MR. SENIOR: No objection.
LL THE COURT: Exhibit 2 is admitted without
12 Shjection it its entirety.
i3 (Exhibit No. 2 was admitted into evidence.)
14 MR. ALTMAN: Your Honor, I'm just asking for
LS page 12 at this point.
16 THE COURT: I understand.
Lf Oi. BY MR. ALTMAN: So if we can go to page 12.
18 Where did you get the information to contact
19 Hyundai from this?
20 A. This document right here in the booklet.
21. Q. And this is the owner's manual?
22. A. The warranty manual, yes.
23 Ox And if I can show you one moment the number
24 that you called, was this the number that you called?
no A. Yes'.
26 QO. When you looked at this number, did anyone from
27 Hyundai indicate to you that this is not Hyundai it is
28 some third party that they outsource to?
10
§)
A. No.
QO. When you contacted the number did anyone at the
time that you contacted the number say we are not
Hyundai we are just a third party?
A. No.
Q. Got it.
When you contacted Hyundai or when you thought
you were contacting Hyundai, what was the information
that you gave them?
10 A. Told them that I thought I had a lemon.
ta @. And let me ask you what was your hope at this
12 point in time?
LS A. A repurchase.
14 Q. Did you make that clear to them that you wanted
1S them to buy your car back?
16 A. Yes 5
1 ©. When you told them this, this was ia ~~ do you
18 have an idea of what time this was or what time period
19 this was?
20 A. Early 2016.
2 O.: You think it was around January?
22 A. Ll €hank. so.
23 OQ. And when you told them you wanted your money
24 back, how long of a conversation did you have
25 approximately with them?
26 A. I don't believe it was very long I think they
27 had to turn their request over to another department
28 Or Something like that.
11
Q. When you were on the phone with what you
thought was Hyundai, did they ask you anything about
all the experiences you would have and how this
affected your driving?
A. No.
©. Did they ask you the level about your anxiety
that you had driving this vehicle?
A. No.
Q. Did they ask you about any of the history for
10 example, getting in an accident and hearly Hitting
11 someone at all?
12 A. No no.
13 QO. Can you give us a rough sense of how long you
14 think this call might have lasted with Hyundai?
13 A. I would say two minutes tops, three maybe. ri
16 don't know.
17 Q. Did they ask you to take a video at this point
18 in time?
19 A. No.
20 0. When you told them that you thought you had a
21 lemon you wanted them to buy your car back, did they
22 agree to do that?
23 A. No.
24 Q. Let me turn your attention to at some point
25 in time did you get any kind of a letter from Hyundai?
26 A. ivi
27 QO. Okay let me turn your attention to Exhibit 41.
28 MR. SENIOR: I don't have those exhibits.
LZ
MR. ALTMAN: Do you have an objection?
MR. SENIOR: I don't have those exhibits.
MR. ALTMAN: Well, it is your document.
MR. SENIOR: Oh, no objection.
MR. ALTMAN: Your Honor, we would ask
betmission to admit Hyundai's letter to Ms. King and
permission to display.
THE COURT: I have a one page Exhibit 41 and
theres no objection. That one page is admitted
10 without objection.
11 (Exhibit No. 41 was admitted into evidence.).
12 Q. BY MR. ALTMAN: So you contacted them in early
is January; is that correct?
14 A. I believe so.
Lo Q. And they responded to you on February 18 of
16 2016?
Ae As Yes.
1.8 QO. And prior to that time did anyone from Hyundai
19 before that time did anyone from Hyundai contact you
20 to get all of the information from you as to how your
21, use of this car was affected?
he A. No.
23 Q. Did anyone from Hyundai contact you to get why
24 you purchased the car and paid for the backup camera
25 system?
26 A. No.
27 QO. Did anyone from Hyundai contact you to get a
28 description of how the backup camera system was
13
failing in the car?
A. No.
O. So between the time you called them and had
that very short conversation and the time they wrote
you this letter and sent you this letter essentially
there was no such substantive contact?
A. No.
QO. is that correct?
A. Correct.
10 Qs “When you got this letter let me just go to
elt this at some point in time did you understand that
12 they had denied you?
13 As Yes «
14 Q. And if I can focus your attention on the second
2 paragraph, do you see where it Says you have indicated
LG you would like your vehicle repurchased under the
Ly California Lemon Law?
18 A. Uh-huh.
Lg QO. And then based on that evaluation we don't
20 believe the history warrants a repurchase do you see
24 that?
22 A. Yess
2:3 Q. And then finally Specifically it appears that
24 the dealer was able to properly diagnose your concern
25 in a timely manner do you see that?
26 A. I do.
27 0 . Okay. And so just to be clear the backup
28 camera system failures with your car you started
14
experiencing in 2011?
A. Correct.
Q. And you had taken it into one Hyundai facility
in Roseville and another Hyundai location in Folsom?
As Yes.
en Multiple times.
Q. This is after in addition to these multiple
presentations you had also contacted them?
A. Yes.
10 om Did you believe that your car had been properly
dt diagnosed in a timely manner?
12 A. Absolutely not.
13 Q. In fact, the suggested repair attempts that you
14 didn't take them up on even after your five-year
LS warranty expired, did anyone from Hyundai indicate to
16 you that that diagnosis would absolutely work?
17 By » No.
18 Oo. Did anyone indicate to you that that was in
19 Lact &2 possible diagnosis?
20 A. Possibly.
21 0. Got it.
22 Now at some point in time it also indicates that
23 you could pursue some sort of arbitration or dispute
24 Fesolttion with something called the APR, Do you see
25 that?
26 A. Yes.
27 QO. Did you do anything to do that?
28 A. No, I had done some research on thet std it was
15
be
my understanding that it wouldn't be honored if it was
six months after the warranty expired.
OF And were you at this six months after the
warranty had expired?
A. 16S «
Q. Did anyone from Hyundai tell you the six-month
warranty expiration has nothing to do with California
law?
MR. SENIOR: Objection that's argumentative
calls for hearsay that's a misstatement of law.
Li Loe COURT: Sustained.
LZ Q. BY MR. ALTMAN: Did anyone from Hyundai explain
13 to you where their six-month limitation came from?
14 A. No.
1S Q. At some point in time did you contact an
16 attorney?
17 A. Y6@S «
18 Or, And at this time were you still -- you were
19 Still maintaining the vehicle, correct.
20 A. Correct.
21 Or And what was -- the miles just the second time
22 that you had brought it in let's look at that I think
23 that's Exhibit 10 if we can go back to Exhibit 10 for
24 a moment which is has been previously admitted and
25 displayed.
26 This second repair attempt for the same exact
27 problem took place at 12,459 miles; is that correct?
28 A. Correct.
16
Preview
SuperiCou or Cour nty oneCalifornia COVER SHEET JUL aa 2019 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER Department 3 Case No. SCV0038637 (Space below forfilestamp only) Anna King, Plaintiff, vs. Hyundai Motor America, Defendant. Michael W. Jones Judge Presiding Highlighted transcript of King pages 46 [1] through 61 [16] as ordered 07/15/19 at3:05 p.m. Instructions refused or withdrawn or held HoOoooagg Verdicts used Verdicts not used Questions asked during trial Questions asked during deliberation Juror deliberation brochure entitled, “Behind Closed Doors ...A Guide for Jury Deliberations” Consisting of pages herein. Clerk: __K.Harding 0. BY MR. ALTMAN: The answer is? Aus No. Q. BY MR. ALTMAN: There is no indication of a delay. Did you ever say there was a delay to them? A. No. On “Did you ever have an actual accident or Collision at “thet tcume as a result of the failure of the backup camera system? A. MeiS ) clne@lakel = 10 Q Can you describe to the jury what happened? id A. I backed into my significant other's Erwek. 12 Q And how did that happen? 13 A l couldn") see ne, tf don't knew. L juSe halt 14 ute . 15 Q. Got it. 16 Let me also ask you when you took it in at some ie point in time did you lose faith in Hyundai? 18 A. I believe it was around this Visit I didn't 2 think they could fix it. They couldn't come up with 20 aS 2d 0. And why is thet why did you give up 22 essentially? 23 A. Well, they couldn't duplicate it se I just 24 assumed there was nothing they could do. 25 Q. Now had anyone advised you of Lemon Law at that 26 point in time did you have any idea about Lemon Law a7 rights? 28 A. No. vib Q. Let me also ask you when you took it to Hyundai this time this is now the fourth year of your having these problems, did they perform any Pepeir at all as far as you understood? A. This was actually a recall for something that they called a stop lamp switch. So they did replace that. Q. Other than that did they address as far as you understood it did they address your backup camera 10 System malfunction as far as you knew? 11 A. I assume they looked at it, but I don't see it L2 listed there. L3 QO. At some point in time did you have to take your 14 car in again? LS Bs. Yes. 16 Q. Let me turn your attention to Exhibit 13. L7 First of all let me ask you when you would go to L8 Hyundai and you would get your -- their paperwork, what 19 was the process with you -- with that at least how did 20 you end up picking up your car when they would tell you Aad they can't fix it? 22 MR. SENIOR: I'm going to object to the 23 precursor also vague as to which independent facility 24 he is talking about. 29 Tan COURT: Sustained. 26 MR. ALTMAN: Let's go to Hyundai dealership 27 facility in Roseville. 28 When you would go to Roseville and you would turn 2 your car in and tell them about the backup camera system not working and they would release the car back to you how would you end up getting it what would you have to do? MR. SENIOR: Objection. Vague and ambiguous. THE COURT: Overruled. THE WITNESS: They would explain to me what they did or didn't find and they would have me sign LOY it. 10 '. BY MR. ALTMAN: GOt it. acd, And when you would Sign did you understand you L2 would have to sign the Paperwork to get your car? 13 A. That's how they worded it, yes. 14 Q. When you went into Folsom was it the same 1.5 thing? 16 A. Yes. 17 Q. Whichever Hyundai's facilities you went to you 18 would have to sign the papers to get the keys back to L9 your car? 20 A. Correct. ZL QO. Would you also try to keep the paperwork that 2D you had? 23 A. Yes. 24 Q. For these visits? Zo A. Yes. 26 Q. And looking at Exhibit 13 does this look 27 familiar to you does it look like one of the repair 28 attempts paperwork that you get? “Uy A. YES. OF In fact do you believe this is a copy of what you have for your records? A. Yes. Q. And do you have a practice of keeping records? A. Absolutely. Q. Okay. In fact, even for this case did you actually go to Hyundai at some point and try to get a complete set of your records? 10 A. = did... I asked for all my service records. eo Q. So Exhibit 13 looks like one of the records Le that you have? LS A. YSs'. 14 MR. ALTMAN: GOE Lt. Rs Your Honor we would ask for PErMissilon to admit 16 and publish. 17 MR. SENIOR: Objection, Your Honor there are 18 several different documents in Exhibit 13 and also you i9 have already ruled on it as a motion in limine it is 20 hearsay. aL MR. ALTMAN: Your Honor this was not ruled on 22 and we established the foundation. 23 THE COURT: Ll sustain the objection as to 24 foundation and hearsay. Ze MR. ALTMAN: Okay. 26 Q. Let me ask you: This is a copy of a repair 21 attempt that that you had; is that correct? 28 A. Yes. Q. You have a regular course of practice of Maintaining records such as this? A. Uh-huh, yes. Q. Is that a yes? A. Yes. Q. is this a ¢opy of what you have as far as your I'm going to call it business records? A. Yes. MR. ALTMAN: Your Honor, we assert the 10 foundation on this. 11 MR. SENIOR: Same objections, Your Honor. 12 THE COURT: Sustained. 13 Q. BY MR. ALTMAN: What do you recall happened 14 during this -- well, first of all what is the LS approximate date of this next repair attempt? 16 A. It looks like August lst of 2015 % 17 Q. And what was going on with your Hyundai yet 18 again when you brought it in this time this is now the LQ LLfth year. 20 A. The camera was still having the same issues, 21 but then also this was an air conditioner VLSLE, too. 22 Q. Sure. This time if August of 2015 «+ one 23 moment, Your Honor. 24 MR. ALTMAN: Was Hyundai in fact able to verify Zo your problem? 26 THE WITNESS: No I don't believe so. I want to 27 Say the tech if it was this visit I think the tech 28 tOld Us that == MR. SENIOR: Objection, Your Honor hearsay and it's been ruled on. THE COURT: Sustained. QO: BY MR. ALTMAN: Let me ask you if I can turn your attention to page i and page 2 of this -- actually I'm sorry 13.4 and 13.5. First of all do you have an exact recollection of your repair order as you sit here? A. Yes. 10 Ox Do you have an exact recollection as to 11 everything that is contained in the repair order 12 without looking at it do you have an exact Ld recollection? 14 A. Yes. LS Q. You do? 16 A. Yes. Ld Q. Do you know whether in fact they were able to 18 verify an issue with your backup camera system? 19 MR. SENIOR: I'm going to object. Lt Calls for 20 hearsay and the witness has testified that she has an 24. exact memory of the repair order so she shouldn't be ne using whatever Exhibit 13 is to refresh her ao recollection. 24 THE COURT: Objection. Hearsay is sustained. 25 QO. BY MR. ALTMAN: Was your understanding that 26 Hyundai at this time verified your issue? 27 MR. SENIOR: Objection. Calls for speculation 28 and hearsay. THE COURT: Overruled. THE WITNESS: I believe they told me that. MR. SENIOR: Objection, Your Honor hearsay. MR. ALTMAN: I'm not asking what they told you but did they in fact verify your issue this time? THE WITNESS: No not 100 percent. QO: Some part of it they verified? MR. SENIOR: Objection. Leading. THE COURT: We are getting into Lead mg. 10 Move on to the next question. La MR. ALTMAN: Sure. 12 Q. Was this right after -- was this shortly after Ls your warranty expired? 14 A. Yes. 15 on And this was the five year/60,000-mile 16 warranty? 17 A. Correct. 18 Q. And was it your understanding that that was the 19 Warranty that Hyundai covered your backup camera 20 system? Zi A. Yes. 22 MR. SENIOR: Objection that's going to be £3 hearsay calls for legal conclusion and relevance. 24 THE COURT: Overruled. 20 MR. ALTMAN: Thank you. 26 Is that your understanding? 2] As Yes. 28 O« And you had discussions with Hyundai people about your warranty coverage; is that correct? As Correct. Q. You understood that your five-year warranty apparently had expired and all of a sudden there was some verification of your problem? MR. SENIOR: Objection that misstates testimony. THE COURT's Sustained as phrased let's rephrase it without the editorials just ask the questions. 10 MR. ALTMAN: Sure. 11 THE COURT: Thank you. 12 0. BY MR. ALTMAN: At this point in time was there 3 repair work that was -- was there any repair suggestions 14 made to you by Hyundai at this point in time after your LS Warranty expired? 16 MR. SENIOR: Objection. Hearsay and also 17 leading and argumentative. 18 THE COURT: Overruled. L9 THE WITNESS: Yes. 20 @. BY MR. ALTMAN: Okay. Did you take them up on at their repair suggestions? Ze A. i did 16t,. 23 Q. Okay did you have any idea whether the repair 24 Suggestions from what they told you were going to 29 work? 26 A. No. 27 Q. Were you still having the same problems? 28 Bs LES 5 ~~ Q. Were you still having this -- the system completely inoperable? A. Yes. Q Still driving it and still having that problem? Bes Yes. Q GOt 16. Now at some point in time let me ask you at this point in time your fifth year of dealing with the same problem did Hyundai at that point in time offer to 10 repurchase your vehicle? aL A. No. LZ Q. Did anyone from Hyundai reach out to you and 13 tell you what your rights were? 14 A. No. LS Oa Do you have any doubt in your mind that that 16 didn't happen? LT A. No. 18 Os After this happened after this yet another 19 presentation of the same problem at some point in time 20 did you actually reach out to Hyundai? Zh A, I aid. 22 QO: Hyundai hadn't reached out to you? £3 Avs Correct. 24 Q. First of g11 when you reached out to Hyundai, Zo what was the -- how did you determine where to go what 26 were you looking at about how to reach Hyundai? 27 A. I went back to the warranty book. 28 Q. Okay. I would like to turn your attention to eV Exhibit 2. MR. ALTMAN: Your Honor I"m just trying to Getermine if theré is an objection. MR. SENIOR: I have no objection. MR. ALTMAN: Okay. So Your Honor we would ask permission to publish and display page 12 of Exhibit 2. THE COURT: Exhibit twe you are requesting it be admitted any objection to Exhibit 22 MR. SENIOR: No objection. LL THE COURT: Exhibit 2 is admitted without 12 Shjection it its entirety. i3 (Exhibit No. 2 was admitted into evidence.) 14 MR. ALTMAN: Your Honor, I'm just asking for LS page 12 at this point. 16 THE COURT: I understand. Lf Oi. BY MR. ALTMAN: So if we can go to page 12. 18 Where did you get the information to contact 19 Hyundai from this? 20 A. This document right here in the booklet. 21. Q. And this is the owner's manual? 22. A. The warranty manual, yes. 23 Ox And if I can show you one moment the number 24 that you called, was this the number that you called? no A. Yes'. 26 QO. When you looked at this number, did anyone from 27 Hyundai indicate to you that this is not Hyundai it is 28 some third party that they outsource to? 10 §) A. No. QO. When you contacted the number did anyone at the time that you contacted the number say we are not Hyundai we are just a third party? A. No. Q. Got it. When you contacted Hyundai or when you thought you were contacting Hyundai, what was the information that you gave them? 10 A. Told them that I thought I had a lemon. ta @. And let me ask you what was your hope at this 12 point in time? LS A. A repurchase. 14 Q. Did you make that clear to them that you wanted 1S them to buy your car back? 16 A. Yes 5 1 ©. When you told them this, this was ia ~~ do you 18 have an idea of what time this was or what time period 19 this was? 20 A. Early 2016. 2 O.: You think it was around January? 22 A. Ll €hank. so. 23 OQ. And when you told them you wanted your money 24 back, how long of a conversation did you have 25 approximately with them? 26 A. I don't believe it was very long I think they 27 had to turn their request over to another department 28 Or Something like that. 11 Q. When you were on the phone with what you thought was Hyundai, did they ask you anything about all the experiences you would have and how this affected your driving? A. No. ©. Did they ask you the level about your anxiety that you had driving this vehicle? A. No. Q. Did they ask you about any of the history for 10 example, getting in an accident and hearly Hitting 11 someone at all? 12 A. No no. 13 QO. Can you give us a rough sense of how long you 14 think this call might have lasted with Hyundai? 13 A. I would say two minutes tops, three maybe. ri 16 don't know. 17 Q. Did they ask you to take a video at this point 18 in time? 19 A. No. 20 0. When you told them that you thought you had a 21 lemon you wanted them to buy your car back, did they 22 agree to do that? 23 A. No. 24 Q. Let me turn your attention to at some point 25 in time did you get any kind of a letter from Hyundai? 26 A. ivi 27 QO. Okay let me turn your attention to Exhibit 41. 28 MR. SENIOR: I don't have those exhibits. LZ MR. ALTMAN: Do you have an objection? MR. SENIOR: I don't have those exhibits. MR. ALTMAN: Well, it is your document. MR. SENIOR: Oh, no objection. MR. ALTMAN: Your Honor, we would ask betmission to admit Hyundai's letter to Ms. King and permission to display. THE COURT: I have a one page Exhibit 41 and theres no objection. That one page is admitted 10 without objection. 11 (Exhibit No. 41 was admitted into evidence.). 12 Q. BY MR. ALTMAN: So you contacted them in early is January; is that correct? 14 A. I believe so. Lo Q. And they responded to you on February 18 of 16 2016? Ae As Yes. 1.8 QO. And prior to that time did anyone from Hyundai 19 before that time did anyone from Hyundai contact you 20 to get all of the information from you as to how your 21, use of this car was affected? he A. No. 23 Q. Did anyone from Hyundai contact you to get why 24 you purchased the car and paid for the backup camera 25 system? 26 A. No. 27 QO. Did anyone from Hyundai contact you to get a 28 description of how the backup camera system was 13 failing in the car? A. No. O. So between the time you called them and had that very short conversation and the time they wrote you this letter and sent you this letter essentially there was no such substantive contact? A. No. QO. is that correct? A. Correct. 10 Qs “When you got this letter let me just go to elt this at some point in time did you understand that 12 they had denied you? 13 As Yes « 14 Q. And if I can focus your attention on the second 2 paragraph, do you see where it Says you have indicated LG you would like your vehicle repurchased under the Ly California Lemon Law? 18 A. Uh-huh. Lg QO. And then based on that evaluation we don't 20 believe the history warrants a repurchase do you see 24 that? 22 A. Yess 2:3 Q. And then finally Specifically it appears that 24 the dealer was able to properly diagnose your concern 25 in a timely manner do you see that? 26 A. I do. 27 0 . Okay. And so just to be clear the backup 28 camera system failures with your car you started 14 experiencing in 2011? A. Correct. Q. And you had taken it into one Hyundai facility in Roseville and another Hyundai location in Folsom? As Yes. en Multiple times. Q. This is after in addition to these multiple presentations you had also contacted them? A. Yes. 10 om Did you believe that your car had been properly dt diagnosed in a timely manner? 12 A. Absolutely not. 13 Q. In fact, the suggested repair attempts that you 14 didn't take them up on even after your five-year LS warranty expired, did anyone from Hyundai indicate to 16 you that that diagnosis would absolutely work? 17 By » No. 18 Oo. Did anyone indicate to you that that was in 19 Lact &2 possible diagnosis? 20 A. Possibly. 21 0. Got it. 22 Now at some point in time it also indicates that 23 you could pursue some sort of arbitration or dispute 24 Fesolttion with something called the APR, Do you see 25 that? 26 A. Yes. 27 QO. Did you do anything to do that? 28 A. No, I had done some research on thet std it was 15 be my understanding that it wouldn't be honored if it was six months after the warranty expired. OF And were you at this six months after the warranty had expired? A. 16S « Q. Did anyone from Hyundai tell you the six-month warranty expiration has nothing to do with California law? MR. SENIOR: Objection that's argumentative calls for hearsay that's a misstatement of law. Li Loe COURT: Sustained. LZ Q. BY MR. ALTMAN: Did anyone from Hyundai explain 13 to you where their six-month limitation came from? 14 A. No. 1S Q. At some point in time did you contact an 16 attorney? 17 A. Y6@S « 18 Or, And at this time were you still -- you were 19 Still maintaining the vehicle, correct. 20 A. Correct. 21 Or And what was -- the miles just the second time 22 that you had brought it in let's look at that I think 23 that's Exhibit 10 if we can go back to Exhibit 10 for 24 a moment which is has been previously admitted and 25 displayed. 26 This second repair attempt for the same exact 27 problem took place at 12,459 miles; is that correct? 28 A. Correct. 16