Procopio Partner Leads Welk Resort to Important Victory in Class Action Case
July 20, 2012
San Diego, CA – On Friday, July 13, 2012, United States District Judge Anthony Battaglia denied class certification of a case brought by a Welk Resort timeshare owner on behalf of himself and 25,000 other timeshare owners. The plaintiff alleged that the value of his and other class member timeshares had diminished because Welk failed to properly maintain the Welk Resort San Diego.
In denying class certification, Judge Battaglia determined that there was no evidence that other potential class members had expressed concerns, complaints, or even awareness about alleged mold at the Resort, and that plaintiff had failed to satisfy the typicality and predominance requirements for class certification. According to Judge Battaglia, plaintiff’s claims were not typical of the class because plaintiff was “hypersensitive” to and harbored “an acute fear of mold” due to his son’s prior illness. Additionally, plaintiff had signed two contracts with the defendant Welk Group Inc., but was basing breach of contracts claims on the first, superseded contract.
Marie Burke Kenny, a partner at Procopio, Cory, Hargreaves & Savitch LLP (“Procopio”), was the lead attorney in this case and successfully argued the opposition to plaintiff’s motion for class certification. Kenny was assisted by associate Elizabeth Alvarado, staff attorney Rob Housden, and paralegal Jacqui Flores from Procopio as well as several attorneys from Kenny’s prior firm Luce, Forward, Hamilton & Scripps (now McKenna Long & Aldridge). Jon Fredricks, President of Welk Group, Inc. (and Lawrence Welk’s grandson) was thrilled with the result and expressed his appreciation for “the strong legal work, intellectual power, persistence, and tenacity that led to this tremendous outcome!”
“The legal expertise demonstrated by Marie and our Procopio team showcases the exceptional level of talent that we are incredibly proud of,” said Managing Partner Tom Turner. “Congratulations to all involved on a job well done and a wonderful result for the Welk Resort!”
About Procopio, Cory, Hargreaves & Savitch LLP
With more than 120 attorneys in San Diego, Carlsbad, and Del Mar Heights, Procopio, Cory, Hargreaves & Savitch LLP is one of the largest business law firms in Southern California. We are a local law firm with a global network that gives us the ability to serve clients’ interests throughout the world. Procopio is dedicated to understanding the businesses and industries of clients and collaborating with them to develop tailored strategies. We advise companies at every stage in the corporate life cycle, helping them to plan, finance and operate their businesses. Since 1946, our success has been derived from our commitment to clients and our ability to maximize the value we provide to them. Our goal is to continue building long-term relationships with clients through a steady, team-oriented approach. For additional information, please visit www.procopio.com <http://www.procopio.com/> .
San Diego, CA – On Friday, July 13, 2012, United States District Judge Anthony Battaglia denied class certification of a case brought by a Welk Resort timeshare owner on behalf of himself and 25,000 other timeshare owners. The plaintiff alleged that the value of his and other class member timeshares had diminished because Welk failed to properly maintain the Welk Resort San Diego.
In denying class certification, Judge Battaglia determined that there was no evidence that other potential class members had expressed concerns, complaints, or even awareness about alleged mold at the Resort, and that plaintiff had failed to satisfy the typicality and predominance requirements for class certification. According to Judge Battaglia, plaintiff’s claims were not typical of the class because plaintiff was “hypersensitive” to and harbored “an acute fear of mold” due to his son’s prior illness. Additionally, plaintiff had signed two contracts with the defendant Welk Group Inc., but was basing breach of contracts claims on the first, superseded contract.
Marie Burke Kenny, a partner at Procopio, Cory, Hargreaves & Savitch LLP (“Procopio”), was the lead attorney in this case and successfully argued the opposition to plaintiff’s motion for class certification. Kenny was assisted by associate Elizabeth Alvarado, staff attorney Rob Housden, and paralegal Jacqui Flores from Procopio as well as several attorneys from Kenny’s prior firm Luce, Forward, Hamilton & Scripps (now McKenna Long & Aldridge). Jon Fredricks, President of Welk Group, Inc. (and Lawrence Welk’s grandson) was thrilled with the result and expressed his appreciation for “the strong legal work, intellectual power, persistence, and tenacity that led to this tremendous outcome!”
“The legal expertise demonstrated by Marie and our Procopio team showcases the exceptional level of talent that we are incredibly proud of,” said Managing Partner Tom Turner. “Congratulations to all involved on a job well done and a wonderful result for the Welk Resort!”
About Procopio, Cory, Hargreaves & Savitch LLP
With more than 120 attorneys in San Diego, Carlsbad, and Del Mar Heights, Procopio, Cory, Hargreaves & Savitch LLP is one of the largest business law firms in Southern California. We are a local law firm with a global network that gives us the ability to serve clients’ interests throughout the world. Procopio is dedicated to understanding the businesses and industries of clients and collaborating with them to develop tailored strategies. We advise companies at every stage in the corporate life cycle, helping them to plan, finance and operate their businesses. Since 1946, our success has been derived from our commitment to clients and our ability to maximize the value we provide to them. Our goal is to continue building long-term relationships with clients through a steady, team-oriented approach. For additional information, please visit www.procopio.com <http://www.procopio.com/> .