SAN JOSE – A San Jose woman alleges that a Hawaii vacation rental she signed to stay in was occupied when she arrived.

Martha Angelica Rossi filed a complaint on May 27 in the U.S. District Court for the Northern District of California, San Jose Division against Gayle Fairbanks, 5star Maui Resorts Inc., and Does 1 through 10 citing breach of contract, breach of covenant of good faith and fair dealing and fraud.

According to the complaint, the plaintiff alleges that she booked the Kamaole Beach Royale No. 701 for May 26 to June 2 on May 17 for the fee of $2,805 with Fairbanks. When she arrived at the property, the suit states that Fairbanks was residing in the property for her own personal use. She alleges that the defendants never intended to rent the property to her.

The plaintiff seeks damages, punitive damages, all legal fees and any other relief as the court deems just. She is represented by Martha Angelica Rossi of Martha Angelica Rossi in San Jose.

U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02875-HRL

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U.S. District Court for the Northern District of California, San Jose Division

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