Palm Springs, CA (May 18, 2015) — Diamond Resorts International, one of the largest vacation timeshare development companies in the world, was ordered to refund a former owner more than $40,000 plus attorney’s fees after it was found that the plaintiffs in the case could never get access to resorts purportedly available and sold in their timeshare presentation.
Diamond was named defendant in a legal action filed on February 4, 2014, by the Law Offices of Mitchell Reed Sussman & Associates in the Superior Court of California, County of Riverside, entitled Ruybalid v. Diamond Resorts etc. et. al. case no. PSC 1400640. The plaintiffs in the action alleged in the complaint fraud, intentional concealment, rescission, and violation of the Vacation Ownership & Timeshare Act of 2004.
In the complaint, the plaintiffs alleged that they were invited to attend an owners meeting at the Palm Canyon Resort in Palm Springs, CA. The plaintiffs claimed to have been owners of a timeshare with Monarch Grand Vacations whose assets were purchased by Diamond Resorts in Chapter 11 bankruptcy court (Case No. 8:11-bk-11-24720), Central District of California, Santa Ana Division. At the presentation, they were allegedly up-sold to what was supposed to be a Diamond membership that would provide them access to certain company-owned resorts. When the plaintiffs found that even as members they could not travel to the destinations and resorts that were allegedly presented in the sales presentation, they sought legal assistance from attorney Mitchell Sussman, a pioneer in the field of timeshare cancellation.
The legal action was referred to binding arbitration and a hearing was held on January 21, 2015. The plaintiffs testified at the hearing that they were denied access to the Palm Canyon Resort, formerly owned by Monarch Grand Vacations because they were not Diamond members and were unable to book at the resorts that were presented in the up-sell. Diamond Resorts was represented by its in-house counsel, Benjamin La Luzerne.
The court appointed arbitrator found that the plaintiffs’ were entitled to a full refund of the $42,460 that was paid to Diamond Resorts for the upgrade and were awarded attorney fees and costs totaling $12,705.
Diamond Resorts’ request for reconsideration of the award was denied and the award became final on April 20, 2015. More information can be found at http://www.timesharelegalaction.com.
About The Law Offices of Mitchell Reed Sussman & Associates
The Law Offices of Mitchell Reed Sussman & Associates has been in practice for over 35 years and specializes in timeshare cancellation. It has successfully assisted in the cancellation of over 2,000 timeshares for timeshare owners throughout the United States.
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J. Alex Gomez
Law Office of Mitchell Reed Sussman
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