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

Law360, New York (July 16, 2012, 9:29 PM EDT) -- 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....
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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

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