Plaintiff Alleges Breach of Warranty Against Kia America Over Defective Vehicle

Superior Court of California Sacramento County
Superior Court of California Sacramento County
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A Sacramento resident has taken legal action against a major automobile manufacturer, alleging multiple breaches of warranty related to a recently purchased vehicle. Sharanpreet Atwal filed the complaint in the Superior Court of California, County of Sacramento, on October 7, 2025, naming Kia America, Inc. as the defendant.

The lawsuit revolves around a 2024 Kia Sorento Hybrid that Atwal purchased on December 23, 2023. The plaintiff claims that the vehicle was delivered with significant defects and nonconformities to its warranty. According to the complaint, these issues include engine defects and problems with the engine cooling system. Atwal argues that these defects substantially impair the use, value, and safety of the vehicle. Despite several attempts to have these issues resolved at an authorized Kia repair facility, Atwal contends that Kia America failed to conform the vehicle to its express warranty after a reasonable number of repair attempts.

Atwal’s legal team is leveraging California’s Song-Beverly Consumer Warranty Act as the basis for their case. This law mandates that manufacturers must either replace or refund defective vehicles under certain conditions. The plaintiff alleges that Kia America did not fulfill its obligations under this act by failing to promptly replace or refund the vehicle despite being unable to repair it satisfactorily.

The complaint lists three causes of action: breach of express warranty, breach of implied warranty, and violation of specific sections of the Song-Beverly Act concerning service and repair obligations. Atwal is seeking statutory restitution amounting to $66,432.56 for each cause of action and civil penalties totaling $132,865.12 due to what they claim is Kia America’s willful failure to comply with its responsibilities under the Act.

In addition to monetary compensation for damages and penalties, Atwal seeks rescission of the purchase contract and restitution for all monies expended on the vehicle. The plaintiff also demands compensation for any diminution in value and incidental or consequential damages incurred due to these alleged breaches.

Representing Sharanpreet Atwal are attorneys Michael H. Rosenstein, Sepehr Daghighian, and Jim Martinez from California Consumer Attorneys P.C., based in Los Angeles. The case is filed under Unlimited Jurisdiction in Sacramento’s Superior Court with Case No.: [redacted]. The presiding judge has yet to be named.

Source: 25CV023759_Sharapreet_Atwal_v_Kia_America_Complaint_County_of_Sacramento_California.pdf



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