Giannini v. Gold's Gym California CA2/2

Filed 1/15/26 Giannini v. Gold’s Gym California CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JOSEPH ROBERT GIANNINI, B346720

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 23SMCV03707)

GOLD’S GYM CALIFORNIA, LLC et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael E. Whitaker, Judge. Affirmed.

Joseph Robert Giannini, in pro. per., for Plaintiff and Appellant.

Alexis Law Firm, Drew L. Alexis and Wendy K. Shiff for Defendants and Respondents.

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Plaintiff Joseph Robert Giannini appeals a grant of summary judgment disposing of all his claims against Gold’s Gym California, LLC, RSG Group USA, Inc. (Respondents), and Jeff Suender (Suender). Respondents own the Gold’s Gym in Venice, California. Suender is the gym’s manager. Because Giannini cannot raise a genuine dispute of material fact sufficient to defeat the showing in support of summary judgment, we affirm.

BACKGROUND A. Factual History Giannini has exercised at Respondents’ gym in Venice since 1987. In 1997, he executed a form authorizing the electronic transfer of funds from his checking account to pay Respondents a onetime fee of $135 and $29 monthly in dues. The form bears a handwritten notation that states: “Dues frozen at $29.00 for lifetime membership.” In 2015, Giannini obtained health insurance coverage from Blue Shield of California. Soon thereafter, Giannini learned of a Blue Shield program called “Silver Sneakers,” available as a benefit through Medicare supplemental insurance, that paid the monthly gym fees for policyholders age 65 and older. He signed up for the Silver Sneakers program, and his $29 monthly dues were paid through the program beginning in December 2016. In 2023, Giannini moved his medical coverage from Blue Shield to Kaiser Permanente. Kaiser offered a similar program called “Silver & Fit” that also paid gym membership dues for individuals age 65 and older. But the Silver & Fit program was operated in conjunction with a program called “Active & Fit” for individuals age 13 and older