In a legal battle that highlights the ongoing challenges consumers face with vehicle warranties, a lawsuit has been filed against a major car manufacturer over allegations of selling a defective vehicle. On November 10, 2025, Thi Thanh Truc Thai filed a complaint in the Superior Court of California, County of Santa Clara, against Kia America, Inc., alleging violations related to the Song-Beverly Consumer Warranty Act.
The case revolves around a 2025 Kia K5 purchased by Thai from Kia of Stockton on July 7, 2024. The plaintiff claims that shortly after purchase, significant defects emerged in the vehicle’s transmission system and other safety-related components. According to the complaint, despite multiple repair attempts under warranty at authorized dealerships, these issues remain unresolved. “The vehicle has remained out of service since October 3, 2025,” the complaint states, underscoring the severity and persistence of the problems.
Under California’s Lemon Law Presumption, vehicles are considered lemons if they have been repaired multiple times for substantial defects or have been out of service for more than 30 days cumulatively. Thai argues that her vehicle meets these criteria and is thus entitled to remedies under the law. The Song-Beverly Consumer Warranty Act mandates that manufacturers either replace defective vehicles or refund buyers when they fail to conform to express warranties after reasonable repair attempts.
Thai’s lawsuit accuses Kia America of breaching both express and implied warranties associated with her vehicle purchase. The complaint outlines how these breaches have impaired the use and value of her car significantly. Furthermore, it alleges that Kia failed to maintain adequate repair facilities within California and did not fulfill its warranty obligations as required by law.
In addition to seeking compensatory damages exceeding $35,000 for breach of warranty claims, Thai demands restitution for all expenses incurred due to these defects. She also seeks civil penalties against Kia for willful non-compliance with warranty obligations and reimbursement for attorney fees and litigation costs.
Representing Thai is attorney David Byan Zand from Zand Law APC based in Los Angeles. The case is presided over by Judge Y. Chavez under Case No. 25CV479770.
Source: 25CV479770_Thi_Thanh_v_Kia_America_Complaint_County_of_Santa_Clara_California.pdf
