Delamater

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

This is a contractual dispute between plaintiff Terry Delamater (“Delamater”) and Defendant Anytime Fitness, LLC. (“Anytime Fitness”) regarding various fitness gym franchise agreements (collectively “Franchise Agreements”). The' Franchise Agreements require mediation before the parties initiate litigation or arbitration. Delamater seeks declaratory relief and requests that the Court declare that the parties must mediate in California, and that the Franchise Agreements’ non-competition clauses are void and unenforceable under California law. Both parties now move for summary judgment. After reviewing the cross motions of the parties, the Court will deny Delamater’s motion and grant Anytime Fitness’ motion and dismiss Delamater’s complaint without prejudice.

FACTUAL BACKGROUND

Anytime Fitness owns and licenses over 1,200 24-hour fitness facilities. See Jennifer Yiangou Decl. ¶ 4. Members join individual facilities and have reciprocal membership at all Anytime Fitness locations. Id. at 7. Delamater is an Anytime Fitness franchisee. In December 2004, Delamater and Anytime Fitness executed an Area Development Agreement under which…