The class action lawsuit entitled Benedict v. Diamond Resorts Parent LLC et al revovles around claims that Diamond Resorts violated applicable state consumer protection laws when they approved and charged Deed Owners $65,822,529. Charges will made based upon based on the number of vacation intervals owned and on a member-by-member basis, based on the number of points owned. Class members in the Water Intrusion Settlement are defined as anyone who are current deeded owners in Poipu Point or the Hawaii Collection who received a Water Intrusion Assessment. The lawsuit includes are former deed owners as well as long as they were charged this unlawful assessment. Class members in the case were assigned the law firms of McKeon Imlay Mehling, Girard Gibbs LLP and Cohen Milstein Sellers and Toll PLLC by the court. The case will be heard before the Honorable David Alan Ezra. WaterIntrusionSettlement.com provides more information about the lawsuit to include the settlement agreement, the order granting preliminary approval and other related court documents. The court will hold a fairness hearing on March 18, 2013
at 9:45 a.m. to determine if the proposed settlement is fair. The current proposed settlement states that Deeded Owners and DRHCMA members will have future bills reduced by $4.9 million dollars.
All objections and opt out request to the Water Intrusion Settlement MUST be made by February 18, 2013. To opt out of the settlement agreement please write to: 601 California St., Suite 1400 San Francisco, California 94108. Include the following information in your opt out request.
- your full name, current address, and telephone number;
- your Club membership number;
- your personal signature; and
- a specific and clear statement of your desire to be excluded from the Settlement.