WILLIAMS v. L.A. FITNESS INTERNATIONAL, LLC
SUSAN WILLIAMS et al., Plaintiffs and Respondents,
L.A. FITNESS INTERNATIONAL, LLC, Defendant and Respondent;
ANAND L. DANIELL, Objector and Appellant.
Court of Appeals of California, Second District, Division Eight.
Filed September 15, 2011.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Susan Williams, Nicholle Mortensen, and Julie Done filed this class action against L.A. Fitness International, LLC (L.A. Fitness), on behalf of former and current members of its fitness clubs, claiming L.A. Fitness wrongfully required 20 or 30 days' notice (depending on the contract) to cancel automatic payments for its monthly memberships. The parties reached a class settlement after mediation. The trial court conditionally certified the settlement class and preliminarily approved the settlement, and notice was given to over a million class members. Class member Anand L. Daniell objected to the settlement. The trial court approved the class settlement.
Daniell appeals from the order approving the settlement and the resulting judgment, contending the trial court abused its discretion when it found that class representatives Susan Williams and Julie Done adequately represented the class. Daniell contends the litigation was "attorney manufactured," and the trial court had insufficient evidence that the named plaintiffs were adequate class representatives. He also appears to contend the claims of plaintiff Nicholle Mortensen were never adjudicated, rendering the judgment subject to reversal.
We find the trial court did not abuse its discretion in approving the settlement, and therefore affirm.FACTUAL AND PROCEDURAL BACKGROUND