Calif. Resort Beats Time-Share Owners' Class Cert. Bid

Law360, New York (July 16, 2012, 9:29 PM ET) -- A California federal judge on Friday denied certification to a putative class of time-share owners suing Welk Resort San Diego over claims that it broke agreements with the owners by allowing mold to grow in its rooms.

U.S. District Judge Anthony J. Battaglia said that the issues brought by plaintiff Hermenegildo Martinez were too individualized and that the suit failed to identify the similarities among other potential class members.

“The court concludes that Martinez fails the typicality prong, and individual issues predominate,” the judge said....
To view the full article, take a free trial now.
Try Law360 for free for seven days
Already a subscriber? Click here to login

Already have access?

  1. Forgot your password?
  2. Sign In

Get instant access to the one-stop news source for business lawyers

Required