Resort Missed Chance To Arbitrate Mold Dispute: Judge

Law360, New York (January 13, 2012, 1:55 PM EST) -- A California federal judge ruled Thursday a vacation resort company had waited too long to compel arbitration in a proposed class action alleging it broke a time-share agreement by allowing mold to grow in its rooms.

Plaintiff Hermenegildo Martinez claims 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...
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Case Information

Case Title

Martinez et al v. The Welk Group, Inc. et al

Case Number



California Southern

Nature of Suit

Other Statutory Actions


Anthony J. Battaglia

Date Filed

December 23, 2009

Law Firms

Government Agencies

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