JONATHAN REYES VS FITNESS INTERNATIONAL LLC

REYES V. FITNESS INTERNATIONAL, LLC

MOTION TO COMPEL ARBITRATION OF PLAINTIFF LISET VIAMONTES’ CLAIMS AND FOR IMMEDIATE STAY OF JUDICIAL PROCEEDINGS

TENTATIVE RULING

Grant motion to compel arbitration; defer for the arbitrator’s determination the issues of unconscionability and the validity of the class waiver; stay the litigation pending completion of the arbitration proceedings

DISCUSSION

I. Background

Plaintiffs Jonathan Reyes (“Plaintiff”) has brought this putative class action against Defendant for failure to include certain language in its written contracts for personal training services that is required by California law. [Complaint, ¶1.] Plaintiff alleges that he signed a Training Agreement for personal training services with its Whittier, California location. [Complaint, ¶6.] This agreement, the complaint alleges, constitutes a health studio services contract as defined under Civil Code §........