California Courts Repeatedly Deny Wyndham Attempts to Dismiss Fraud Lawsuits
PALM SPRINGS, Calif., Oct. 7, 2021 /PRNewswire/ -- California Courts Repeatedly Deny Wyndham Attempts to Dismiss Fraud Lawsuits
On May 21, 2018, Estevan Fernandez and Leanne Ayan-Fernandez left their home in Pomona, California to drive to Anaheim for a timeshare presentation. There, they met Wyndham salesperson, Megan Rose MacMahon, who promised the two that they'd purchased enough points to be able to book a Hawaii vacation at any time of their choosing, and that securing the vacation would not require additional fees.
"And if those lies weren't egregious enough, MacMahon also assured my clients that reserving the Hawaii vacation of their dreams during peak times like Christmas and Easter 'would be easy,'" says timeshare attorney, Mitchell Reed Sussman. "Of course, nothing could have been further from the truth."
In January, Sussman filed a complaint on behalf of his clients for damages, alleging Fraudulent inducement, concealment and asking for Declaratory Relief (Estevan Fernandez, Leanne Ayan Fernandez V. Worldmark The Club, et.al, Case no. 30-2020-01143901-CU-FR-CJC).
True to form, WorldMark-Wyndham attorneys filed demurrers hoping to have the law suit dismissed. To the surprise to no-one following similar cases filed by Sussman, the Courts once again failed to see any merit in WorldMark's position, ensuring that the suit would continue to trial.
"We allege that when Ms. MacMahon made these representations to my clients, she knew them to be false," says Sussman. "I intend to force the timeshare industry to clean out its closets by opening its coffers. WorldMark must be held accountable for creating an environment where salespeople can say and do anything with the intent to defraud and deceive, simply to close a deal. It's just not right."
About Attorney Sussman
Mitchell Reed Sussman has been practicing Real Estate and Bankruptcy Law for over 40 years. More information can be found by visiting www.timesharelegalaction.com.
SOURCE Law Offices of Mitchell Reed Sussman
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