Donna Zizian, individually and on behalf of all other similarly situated California Residents v. Massage Envy Franchising LLC / Michele Bandell, David Eiglarsh, Charlene Panos, Jeanette Rawls, Jennifer Walker, and Alex Zennaro, individually and on behalf of all others similarly situated v. Massage Envy Francising LLC
Published: Sep. 17, 2016 | Result Date: Jul. 1, 2016 | Filing Date: Jan. 1, 1900 |Case number: 3:16-cv-00783-DMS-BGS; 16-cv-01236-DMS-BGS Settlement – Equitable Settlement
Court
USDC Southern District of California
Attorneys
Plaintiff
Frank J. Johnson
(Johnson Fistel LLP)
Brett M. Weaver
(Johnson & Weaver LLP)
Defendant
Luanne R. Sacks
(Sacks Law Office)
Facts
Donna Zizian, Michele Bandell, David Eiglarsh, Charlene Panos, Jeanette Rawls, Jennifer Walker, and Alex Zennaro filed consolidated class actions against Massage Envy Francising LLC, for allegedly breaching membership agreements.
Contentions
PLAINTIFFS' CONTENTIONS:
Defendant allegedly breached membership agreements by preventing members from using accrued massages for membership cancellation, termination, or non-renewal. Defendant also allegedly allowed prepaid massages to expire following membership cancellation, termination, or non-renewal.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations.
Result
Massage Envy settled the dispute by reinstating a number of unused massages. Massage Envy also agreed to modify the membership agreement to clarify its policy regarding unused massages.
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