Jason Rothman v. Equinox Holdings, Inc.

I. INTRODUCTION

On August 7, 2020, plaintiff Jason Rothman filed a class action complaint in Los Angeles Superior Court against defendant Equinox Holdings, Inc. and Does through 100. Dkt. 1-1. Defendant removed the action to this Court on October 23, 2020. Dkt. 1. In brief, plaintiff alleges that defendant’s membership agreement with members of its Equinox branded fitness clubs (the “Equinox clubs”) contains false and misleading representations that members would receive monetary refunds of any prepaid membership dues for periods during which the Equinox clubs are closed, but failed to issue monetary refunds when Equinox clubs were closed due to the COVID-19 pandemic. Plaintiff's complaint asserted five claims for relief for violations of California’s unfair competition, false advertising, and consumer protection statutes. (1) violation of the Consumer Legal Remedies Act, Cal. Civ. Code §§ 1750, et seg. ((CLRA”); (2) violation of the California False Advertising Law, Cal. Bus. & Prof. Code §§17500, et seq. (“FAL”): (3) unlawful business practices within the meaning of the California Unfair Competition law, Cal. Bus. & Prof. Code §§…