Resort Can't Shake Time-Share Owner's Mold Claims

Law360, New York (June 3, 2011, 5:28 PM EDT) -- A California federal judge on Thursday refused to dismiss part of a proposed class action alleging a vacation resort broke a time-share agreement by allowing mold to grow in its rooms.

Plaintiff Hermenegildo Martinez alleges The Welk Group Inc. failed to investigate or fix water leaks in rooms at its Welk Resort San Diego, even though the resort owner knew about them. The leaks caused mold, mildew and fungus to grow in the rooms, rendering them uninhabitable, according to Martinez, who owned time-share points in the...
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