Giannini

BACKGROUND

A. Factual History Giannini has exercised at Respondents’ gym in Venice since 1987. In 1997, he executed a form authorizing the electronic transfer of funds from his checking account to pay Respondents a onetime fee of $135 and $29 monthly in dues. The form bears a handwritten notation that states: “Dues frozen at $29.00 for lifetime membership.” In 2015, Giannini obtained health insurance coverage from Blue Shield of California. Soon thereafter, Giannini learned of a Blue Shield program called “Silver Sneakers,” available as a benefit through Medicare supplemental insurance, that paid the monthly gym fees for policyholders age 65 and older. He signed up for the Silver Sneakers program, and his $29 monthly dues were paid through the program beginning in December 2016. In 2023, Giannini moved his medical coverage from Blue Shield to Kaiser Permanente. Kaiser offered a similar program called “Silver & Fit” that also paid gym membership dues for individuals age 65 and older. But the Silver & Fit program was operated in conjunction with a program called “Active & Fit” for individuals age 13 and older

2 that paid discounted monthly dues for its participants. Beginning in…