Durham v. Continental Cent. Credit, Inc.

ORDER DENYING MOTION TO DISMISS

Defendants Continental Central Credit, Inc. (“CCC”), San Clemente Cove Vacation Owners Association (“Association”), and Vacation Resorts International, Inc. (collectively “Defendants”), have filed a motion to dismiss Plaintiffs First Amended Class Action Complaint. (Subsequent to the filing of the motion, Vacation Resorts International, Inc. was dismissed from the action.) For the reasons discussed below, Defendants’ motion to dismiss is DENIED.

I. BACKGROUND

In the First Amended Complaint (“FAC”), Plaintiff alleges that in 2002, she became the owner of a timeshare interest in real property located at San Clemente Cove. (FAC ¶ 11.) The timeshare was acquired for her and her family’s personal use and enjoyment. (IcL) At some point in time, Plaintiffs timeshare interest was foreclosed upon by a yet unknown third party. (Id.)

On dates unknown to Plaintiff, certain amounts were assessed against her by the Association for services allegedly rendered by the Association and for Association membership fees, under the authority of the written rules and by-laws of the Association. (FAC ¶ 12.) The Association ultimately referred such assessments to CCC for…