Plaintiff
purchased time share units and files lawsuit against developer after resort
units developed water leaks and mold. Defendant asserts that time share
ownership points are not interest in property. Ct finds that while sellers of
time share units retain exclusive right to specify which units would be
occupied, the purchasers had exclusive possessory interest and timeshare was in
nature of lease. Thus, plaintiff had pled sufficient evidence of property
interest to support private nuisance and breach of implied warranty of
habitability.
Ct also said plaintiff had sufficiently pled Unfair Competition Claim for purposes of motion to dismiss. The plaintiff had asserted that had defendant disclosed the water leaks and mold conditions, it would have selected different timeshare program, that failure to disclose was material misrepresentation, that defendant ignored recommendations of engineers and had continued to assess maintenance fees while not addressing the water moisture problems. Hermenegildo Martinez v The Welk Group, 2011 U.S.Dist. LEXIS 58718 (S.D.Ca. 6/2/11)
Ct also said plaintiff had sufficiently pled Unfair Competition Claim for purposes of motion to dismiss. The plaintiff had asserted that had defendant disclosed the water leaks and mold conditions, it would have selected different timeshare program, that failure to disclose was material misrepresentation, that defendant ignored recommendations of engineers and had continued to assess maintenance fees while not addressing the water moisture problems. Hermenegildo Martinez v The Welk Group, 2011 U.S.Dist. LEXIS 58718 (S.D.Ca. 6/2/11)
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