Music Stops for Welk Timeshare Class: No Certification for Moldy Resort Claims

July 17, 2012, 10:31 PM UTC

A timeshare interest owner accusing the Welk Resort Group Inc. of failing to disclose and abate mold at a San Diego resort cannot represent a class because of unique defenses available against him and because individual issues would predominate over common ones, a federal court in California held July 13 (Martinez v. Welk Group Inc., S.D. Cal., No. 3:09-cv-02883-AJB-WMC).

Hermenegildo Martinez brought this proposed class action on behalf of timeshare interest owners in the Welk Resort Group after he heard from a former employee that the Welk Resort in San Diego had a mold problem (12 CLASS 488, 6/10/11

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