Timeshare cancellation attorney obtained a judicial declaration that his website does not constitute false advertising in violation of the Lanham Act nor does his representation of timeshare owners who wish to exit their timeshare contracts constitute a violation of RICO.
Related: Ken B. Privett, PLC v Berkley Vacation Resorts, USDC, Oklahoma Northern District, Case No. 4:20-cv-00069
Timeshare cancellation attorney Mitchell Sussman sued timeshare developers Soleil Management, LLC, Club De Soleil Vacation Club, and Tahiti Village Vacation Club (collectively “Soleil”), seeking a judicial declaration 1) of Sussman’s nonliability for the Lanham Act; 2) of Sussman’s nonliability for RICO; and 3) that Soleil violated California’s Timeshare Act.
Resolved with declaratory judgment entered in favor of Sussman and against Soleil as to his nonliability for the Lanham Act and RICO; declaratory judgment denied regarding Soleil’s alleged violation of California’s Timeshare Act.
In his complaint, Sussman alleges that on or about May 22, 2018, Soleil’s counsel, Hutchison & Steffen advised him in writing that his website violated the Lanham Act and that his representation of unhappy timeshare owners constituted a violation of RICO.
The court granted Sussman’s motion for summary judgment on the above claims, but dismissed his California Timeshare Act claim.
On 2/21/20, the court granted Sussman declaratory relief on two of three of his claims. 
On 11/18/19, the court adopted the Magistrate Judge’s report and recommendation denying Soleil’s motion for leave to file dilatory counterclaims. 
On 10/16/19, Magistrate Judge entered his report and recommendation denying Soleil’s motion for leave to file dilatory counterclaims. 
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Mitchell Reed Sussman
Mitchell R Sussman, pro se; Marc S. Cwik, Patrik Johansson, Kenneth Charles Feldman, Larissa G Nefulda of Lewis Brisbois Bisgaard & Smith
Soleil Management LLC, Club De Soleil Vacation Club, Tahiti Village Vacation Club
Jeffrey R Hall, Piers R. Tueller of Hutchison & Steffen, LLC; Joshua Ohiozogie Igeleke, Jr., Hutchison & Steffen, LLC; K Todd Curry, Curry Advisors, PLC
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