SAN FRANCISCO (Legal Newsline) – Several consumers are seeking the rescission of their contracts for timeshares they purchased over allegations they are difficult to use.
Brian and Judy Glass, Erin and Christy McComack, et al. filed a complaint on Oct. 7 in the U.S. District Court for the Northern District of California against Holiday Inn Club Vacations, Silverleaf Resorts Inc., Orange Lake Resorts, Orange Lake Country Club, Does 1-5, and Roe corporations 1-10 alleging common law fraud, elder abuse, breach of contract and other counts.
According to the complaint, the plaintiffs purchased timeshare units from the defendants and allege that using the units "was virtually impossible" or plans needed to be made one year in advance. They also allege maintenance fees increased in each year of ownership when the defendants' sales representatives represented that the fees would not go up at all or would go up very little.
The plaintiffs allege they have incurred substantial damages because of their purchase of a timeshare and were harmed because of the defendants' conduct.
The plaintiffs hold Holiday Inn Club Vacations, Silverleaf Resorts Inc., Orange Lake Resorts, Orange Lake Country Club, Does 1-5, and Roe corporations 1-10 responsible because the defendants allegedly sold them timeshares they did not need and were difficult to use.
The plaintiffs request a trial by jury and seek judgment against defendant for general and punitive damages, rescission of their contracts, common law and statutory relief, attorney’s fees, costs, and prejudgment interest, and further relief as the court may deem just. They are represented by John P. Abrams of The Abrams Law Firm in Olympia-Lacey, Washington and Jack Duran of The Abrams Law Firm in Roseville, California.
U.S. District Court for the Northern District of California case number 4:18-cv-06156