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24 HOUR FITNESS, INC. v. SUPERIOR COURT

Nos. A079501, A079502.

78 Cal.Rptr.2d 533 (1998)

66 Cal.App.4th 1199

24 HOUR FITNESS, INC, et al. Petitioners, v. The SUPERIOR COURT of Sonoma County, Respondent; Sierra Munshaw, Real Party in Interest. Chad HAMILTON et al. Petitioners, v. The SUPERIOR COURT of Sonoma County, Respondent; Sierra MUNSHAW, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

September 28, 1998.

Attorney(s) appearing for the Case

Henry D. Lederman, Kerin M. Guetersloh, Littler Mendelson, Walnut Creek, for Petitioners 24 Hour Fitness, Inc., dba 24 Hour Nautilus Fitness Centers and Joe Rodriguez.

Michael P. Merrill, Jacqueline M. Moreira, Merrill, Arnone & Handelman, LLP, Santa Rosa, for Petitioners/Defendants Bill Cunningham, Curtis Harmon and Chad Hamilton.

No appearance for Respondent.

Joseph John Turri, Ukiah, Hugh N. Helm, III, Santa Rosa, Co-Counsel for Real Party in Interest Sierra Munshaw.

CORRIGAN, Associate Justice.

The case revolves around an issue of first impression: may a plaintiff who sues multiple defendants avoid summary judgment against all by establishing that at least some defendants do not have a right to compel arbitration? She may not.

Sierra Munshaw sued her former employer, 24 Hour Fitness, Inc., doing business as 24 Hour Nautilus (Nautilus) and various Nautilus employees, for causes of action arising from alleged...

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