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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