24 Hour Fitness, Inc. v. Superior Court of Sonoma Cty.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that signing an acknowledgment of receiving an employment handbook was sufficient to show a plaintiffs agreement to the arbitration policy
• finding that an 23 arbitration agreement existed where there was no dispute that the “‘Certificate Of Acknowledgment Of Receipt & Reading The Personnel Handbook,’ [] explicitly refers to the 24 handbook’s section on arbitration”
• employee bound by terms of handbook where she signed a form acknowledging she received and read the handbook, even though she now claims she did not read the handbook
• Because the party’s “discretionary power to modify the terms of the [contract] in writing indisputably carries with it the duty to exercise that right fairly and in good faith . . . . the modification provision does not render the contract illusory.”
• “[W]here the contract specifies performance the fact that one party reserves the power to vary it is not fatal if the exercise of the power is subject to prescribed or implied limitations such as the duty to exercise it in good faith and in accordance with fair dealings.”

Source: CourtListener parenthetical corpus (CC0).