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ROSENLOEV v. 24 HOUR FITNESS USA, INC.

No. B230632.

DEBORAH ROSENLOEV, et al., Plaintiffs and Respondents, v. 24 HOUR FITNESS USA, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

Filed January 25, 2012.

Attorney(s) appearing for the Case

Seyfarth Shaw, Diana Tabacopoulos , Eileen C. Zorc and Ann H. Qushair , for Defendant and Appellant.

Clark & Markham, David R. Markham , James M. Treglio ; United Employees Law Group and Walter Haines , for Plaintiffs and Respondents, Deborah Rosenloev and Anthony Marks.

Law Offices of Gregg A. Farley and Gregg A. Farley ; Salehi & Associates and Amir S. Salehi , for Plaintiff and Respondent, Salvadore Suppa.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

TURNER, P. J.

Defendant, 24 Hour Fitness USA, Inc., appeals from an order denying its petition to compel arbitration in a class action filed by plaintiffs, Deborah Rosenloev and Anthony Marks. Notwithstanding defendant's failure to provide a proper record, we reach the merits of its contentions. We affirm.

We apply the test for determining waiver of the right to compel contractual arbitration as set forth...

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