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Apr 30, 2024
1:49:19pm
DodgerCoug Starter
Update on Hyundai Lawsuit: I'm about to foreclose on their HQ in Costa Mesa

Okay the title is a bit sensational but shockingly it's true. 

To recap; I won the small claims retrial and was awarded $8,165.00 for Hyundai's refusal to honor its warranty and replace my seized engine despite the dealership inspecting the engine six months prior.

Hyundai did not appeal this ruling despite their lawyer threatening me to do so. The ruling was issued in mid February. Hyundai's lawyer reached back out three weeks ago requesting that I sign a 20 page document in order to receive the court ordered payment. My legal counsel's response is below:

Thank you for your e-mail.

Unless the Court's judgment ordered Mr. REDACTED to execute and deliver a release in exchange for payment of the judgment, I know of no obligation on the part of Mr. REDACTED to sign a release (or other settlement agreement) in exchange for Hyundai's satisfaction of the judgment, especially a settlement agreement that includes additional duties and obligations on the part of Mr. REDACTED, such as indemnity provisions and a confidentiality agreement that were not part of the judgment.

I have reviewed Mr. REDACTED judgment against Hyundai. It states nothing more than Hyundai's obligation to pay $8,000, plus $165 in costs, to Mr. REDACTED. I am further informed that the time to appeal the judgment by Hyundai has passed. As such, Hyundai must pay the total judgment, with interest, or be subject to legal collection processes.

If you are aware of any legal basis to compel Mr. REDACTED to sign a release or other agreement in exchange for Hyundai's satisfaction of the judgment, please advise me.

On the other hand, if Hyundai wants to pay additional consideration to Mr. REDACTED in exchange for entering into the settlement agreement (and, in particular, the confidentiality provision), I am willing to encourage Mr. REDACTED to consider the agreement. I understand that Mr. REDACTED judgment against Hyundai may prove to be embarrassing to Hyundai or, worse, encouragement for others to sue Hyundai. Mr. REDACTED agreement to keep the judgment confidential may be a wise investment for Hyundai.

Mr. REDACTED wants to repair his car as soon as possible, so please pay the total judgment forthwith. If Hyundai wants to discuss Mr. REDACTED further agreement, please advise.


Under the advice of my legal counsel I sent Hyundai's lawyer who's been in contact with me a heads up that if payment is not issued in the next 5 business days that I will have no choice but to go back to the court and get a writ of execution enabling me to work with the sheriff to begin seizing property of their's within the county. That includes their Corporate HQ in Costa Mesa which I can then put a lien on. This email to Hyundai was sent a week ago and I have not received any correspondence whatsoever.

So there you go; this could get really fun really fast if Hyundai continues to ignore the authority of the United States court system. I highly doubt it'll get to that point but let me know your ideas on how to make this as embarassing as possible for Hyundai. Maybe I can squeeze them for an additional settlement in return for signing an NDA.

This message has been modified
Originally posted on Apr 30, 2024 at 1:49:19pm
Message modified by DodgerCoug on Apr 30, 2024 at 1:49:32pm
DodgerCoug
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