-Hyundai claims that a lawsuit in the class -injector Class action must remain (paused) and all the claims sent to arbitration.
According to Hyundai, the fuel injector should not even be in court, because the vehicles that were twice in 2021 in 2023 and 2024 and again in 2023 and 2024 have agreed to arbitrate all claims about their Hyundai vehicles.
The lawsuit includes these models.
2021–2023 Hyundai Santa Fe
2021–2023 Hyundai Sonata
2021–2023 Hyundai Tucson
2021–2023 Hyundai Santa Cruz
Hyundai Fuel Injector Class Action -Right case
The vehicles are equipped with 2.5-liter SmartStream GDI MPI engines that contain fuel injectors that are reportedly leaking. This ensures that the vehicles misguur, lose the ability and retain while driving.
Hyundai drivers have complained about leaking fuel injectors that cost them nearly $ 1,000 to replace, sometimes after repeated trips to Hyundai dealers. The claimants who have submitted the Class Action claim that failed fuel injectors are a serious safety risk and Hyundai should recall the vehicles to repair them for free.
Without that, the 2.5-liter SmartStream engines can fail at any time.
According to the Class Action, Hyundai was aware of the so -called defective fuel injectors before the vehicles were first sold, but the automaker decided to hide and hide the problems of consumers.
And the lawsuit refers to a technical service bulletin (23-in-002h-1) That was issued to dealers about leaking fuel injector. That bulletin specifically states 2.5L GDI engines that can misunderfire due to leaking fuel injectors.
Hyundai Fuel Injector Legal – Motion to force arbitration
Hyundai argues that the claimants have agreed to arbitrate their claims, and not via a lawsuit of a fuel injector.
The claimants are said to have “voluntarily associated service agreements that explicitly require them to arbitrate all their claims that arise from and with regard to their vehicle against Hyundai Motor America.”
By bringing the class actions of the fuel injector to court, Hyundai argues that the claimants are trying to avoid the arbitration process with which they have been agreed. The car manufacturer says that the agreement is completely valid and enforceable and the claimants must demand that they “arbitrate their claims with regard to an alleged defect in their vehicles.”
Hyundai even claims that the claimants agree that everything must be left to an arbitrator.
“All problems are for the arbitrator to decide, including the scope and enforceability of this arbitration determination and the other conditions of the agreement, and the arbitrator has an exclusive authority to resolve such a dispute with regard to the reach and enforceability of this arbitration or another term of this agreement.” – Hyundai’s Arbitration Agreement
The automaker claims that the arbitration blause was not hidden, contrary to what the plaintiffs want the judge to believe. And even if the “claimants claimed they didn’t read it – not them – a failure to read it is no reason to be taken down.”
According to Hyundai, the arbitration agreement is clear and covers all claims in the actions of the Fuel Injector Class right case.
“This court must force arbitration and keep this case awaiting the resolution.” – Hyundai
The Hyundai Fuel Injector Class Action right was brought to the American court for the central district of California: Paul Richard Nunn, et al., V. Hyundai Motor America.
The claimants are represented by Lemberg’s law.
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