Drivers Say Wiring Claims Shouldn’t Be Cut in Kia Class Action

Kia is attempting to trim claims from a class action lawsuit alleging vermin are attracted to the vehicles’ soy-based wiring, but Kia owners are arguing against the cuts.

Plaintiff Tsvetelin Tsonev alleges in his class action lawsuit that rodents are attracted to and chew wiring in Kia cars because the company uses soy in production.

Kia moved to trim the claims arguing that the plaintiff had missed crucial deadlines for identifying experts and conducting tests.

According to Tsonev, the claims should not be trimmed because the court never approved the proposed deadlines that Kia says were missed.

“In sum, Kia’s motion is a calculated attempt to prejudice plaintiff based upon material omissions and should be summarily denied,” asserted the plaintiff. “The court should not countenance (much less reward) Kia’s unseemly gamesmanship.”

Kia also complains that the Kia owner is not responding to requests for discovery in a timely manner, but the plaintiff contends that the delays were caused by Kia’s own actions. Tsonev claims in his motion opposing the cuts that Kia was also deficient in response to his requests for discovery. The plaintiff says that he made requests, but did not receive a response from Kia until four months later.

“[I]n a rather clumsy attempt to litigate what amounts to a motion to compel without following the proper procedure to do so, Kia tellingly ignores, or misleadingly glosses, over its own discovery conduct,” argues the plaintiff in his motion.

The Kia class action lawsuit alleges that Tsonev’s 2015 Kia Soul was attacked by rodents on three different occasions. Each time, says the plaintiff, he had to bring his vehicle in for repairs to no avail – the wiring was simply replaced with more soy-based wiring equally delicious to roving rodents. Tsonev alleges that Kia is turning the defect into a “profit center.”

Further, says the plaintiff, if the soy-based wiring is damaged by rodents, it could render the affected Kias unsafe by disabling airbags and causing steering and engine problems.

“Defendant is aware of the defect, but has actively concealed and failed to disclose the defect, both prior to and after the time of purchase or lease,” alleges the Kia class action lawsuit. “Further, when presented with an opportunity to repair a class vehicle, Kia (through its agent authorized dealers) denies the existence of the defect, refuses to cover the necessary repairs under the warranty and merely removes the damaged soy-based parts and installs identically defective soy based parts — while charging members of the class thousands of dollars for these ‘repairs.’”

The plaintiff seeks to represent a Class of current and former Kia owners and lessees of 2012 Kia Souls, Sorrentos, Sedonas, Sportages, Fortes, Cadenzas, Optimas and Rios with soy-based wiring that attracts rodents and other vermin.

Tsonev is represented by Kolin C. Tang and James C. Shah of Shepherd Finkelman Miller & Shah LLP, Jeffrey Goldenberg of Goldenberg Schneider LPA, and Robert W. Murphy.

The Kia Soy-Based Wiring Class Action Lawsuit is Tsvetelin Tsonev v. Kia Motors America Inc., Case No. 8:16-­cv-­01020, in the U.S. District Court for the Central District of California.