Gonzales v. Jenny Craig - Automatic Renewal Law PDF

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Michael Louis Kelly - State Bar No. 82063
mlk@kirtlandpackard.com
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Superior Court of California

County of Los Angeles
Behram V. Parekh - State Bar No. 180361
bvp@kirtlandpackard.com
NOV 1 9 2015
Heather Baker Dobbs - Bar No. 261303

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hmb@kirtlandpackard.com
2041 Rosecrans Avenue, Third Floor
Sherri R. Carter, Executive Officer/Clerk
KIRTLAND & PACKARD LLP
Cristina Qrijatfa
El Segundo, California 90245
Tel: (310) 536-1000; Fax: (310) 536-1001 J)^^ tOdU&^ V.
Counselfor Plaintiffandall others similarlysituated
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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COUNTY OF LOS ANGELES, CENTRAL DISTRICT
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GENEVA GONZALES, on behalf of herself and

all others similarly situated,
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Plaintiff,
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BC 6 0 \ 7 8 0
CLASS ACTION
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Case No.
COMPLAINT FOR:
1. Violation of California's Automatic Renewal
law (Bus. & Prof. Code 17600-17604;

JENNY CRAIG, INC., a Delaware Corporation,
2. Violation of California's Unfair Competition
Law ("UCL") (Bus. & Prof. Code 17200-
and DOES 1-100,
17204); and
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Defendant.
3. Injunctive Relief (Bus. & Prof. Code

17535)
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JURY TRIAL DEMANDED
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CLASS ACTION COMPLAINT
Plaintiff Geneva Gonzales (hereafter "Plaintiff) bring this class action on behalf of herself
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and all others similarly situated against Jenny Craig, Inc. and DOES 1-100 (collectively "Defendant"
or "Jenny Craig"), as aresult ofthe unlawful practices with regard to Defendant's automatic
continuous service agreement for Defendant's weight management services, to obtain injunctive
relief, restitution, and all damages available against Defendant under each respective cause ofaction
as alleged herein. Plaintiff makes the following allegations upon information and belief, except as to
her own actions, the investigation of her counsel, and the facts that are a matter ofpublic record.
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NATURE OF CLAIM
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1.
Plaintiffbrings this class action lawsuit on behalf of herself and onthe behalf ofthe
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consumers who enrolled in Defendant's "JennyAll Access" weight lossprogram, (hereafter "Auto-
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renewal Weight Loss Program" or"Auto-renewal Membership") and were automatically charged on
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theirdebitor credit card, or third partyaccount (hereafter "Payment Method").
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2.
Defendant's Auto-renewal Weight Loss Program offers an array of weight
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management services, which include, among other things, a"personal consultant" that will contact
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themember to start their "weight loss journey" and to set other weight loss goals, instant access to
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Defendant's "ready-to-enjoy perfectly proportioned meals," a personalized account where the
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member can track their progress and utilize Defendant's online tools, and guaranteed weight loss
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results from the nutritious food and support from the consultant.
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3.
To enroll in Defendant's Auto-renewal Weight LossProgram, Defendant requires an
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initial enrollment fee of $99.99' and a recurring monthly fee of $19.00 for the Auto-renewal Weight
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Loss Program.
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4.
Defendant's Auto-renewal Weight Loss Program, however, is in violation of
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California's Automatic renewal laws. Specifically, Defendant: (a) At the time of making the Auto-
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renewal Membership, failed to present the continuous service agreement ina clear and conspicuous
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manner and invisual proximity to the request for consent to the offer before the subscription or
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purchasing agreement was fulfilled in violation ofCal. Bus. &Prof. Code 17602(a)(1); (b) charged
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1$99.99 is the listed price before any promotional discount Defendant may offer.
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Plaintiffs credit or debit cards, or third party account, without first obtaining Plaintiffs affirmative
consent to the agreement containing the Auto-renewal Membership terms in violation of Cal. Bus. &
Prof. Code 17602(a)(2); and (c) failed to provide an acknowledgement that included the Auto-
renewal Membership terms, cancellation policy, and information regarding how to cancel in a manner
that is capable of being retained by Plaintiff in violation of Cal. Bus. & Prof. Code 17602(a)(3).
5.
As a result, Plaintiff, on the behalf of herself and all others similarly situated
(hereafter, "the Class" or "Class members"), seeksdamages, restitution, declaratory relief, injunctive
relief and reasonable attorneys' fees and costs pursuant to Cal. Bus. & Prof. Code 17603,17203,
and 17535.
PARTIES
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Plaintiff is a resident of Los Angeles County, California and on September 25, 2015
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enrolled in Defendant's Auto-renewal Weight Loss Program for S68.002 and was automatically
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charged $19.00 on October 24, 2015 for the ensuing cycle. Plaintiffwas subject to Defendant's
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unlawful Auto-renewal Membership as set forth herein. Furthermore, Plaintiff and the Class are
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"consumers" as defined by Cal. Bus. & Prof. Code 17601(d).
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7.
Defendant, JennyCraig, Inc., on information and belief, is a Delaware corporation
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with itsprincipal place of business inCarlsbad, California. Defendant operates and, at all times
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during the statutory class period (hereafter "Class Period"), hasdone business in the State of
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California and throughout the Nation.
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8.
Plaintiff is unaware of the true names and capacities of the defendants sued as DOES
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1-100, and therefore sues thesedefendants by fictitious names. Plaintiffwill seek leave to amend this
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Complaint when and if the true identities of these DOE defendants arediscovered. Plaintiff is
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informed and believeand thereon allege that each of the defendants designated as a DOE is
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responsible in somemanner for the acts and occurrences alleged herein, whethersuch actsor
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occurrences were committed intentionally, negligently, recklessly or otherwise, and that each said
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DOE defendant thereby proximately caused injuries and damages to Plaintiff and the Class as herein
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alleged, and is thus liable for Plaintiffs and the Class's injuries.
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! Plaintiff received a $50 discount.
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At all times herein mentioned, Defendants, and each of them, were the agents, principals,
servants, employees, and subsidiaries of each of the remaining Defendants, and were at all times
actingwithin the purposeand scopeof such agency, service, and employment, and directed,
consented, ratified, permitted, encouraged, and approved the acts of each remaining Defendant.
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JURISDICTION AND VENUE
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California Constitution.
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Venue is proper in this District pursuant to Los Angeles County Superior Court Rule
2.3(a)(1)(A) because this is a class action.
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Out-of-state participants can be brought before this Court pursuantto California's
"long-arm" jurisdictional statute.
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This Court has jurisdiction over all causes of action asserted herein under the
FACTUAL ALLEGATIONS
Plaintiffs Enrollment in Defendant's "Jenny AH Access" Weight Loss Program
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Plaintiff, Geneva Gonzales, enrolled in Defendant's Auto-renewal Weight Loss
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Program on September 25,2015, for $68.00 from Defendant's website, www.jennycraig.com, after
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reviewing Defendant's website and clicking the "Join Now" link on the "Overview" webpage.
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Thereafter, she was prompted through Defendant's check-out process, which is fully laidout below.
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14.
On the same day, but after her purchase, Plaintiff received an email from Defendant
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titled"Your JennyCraig Membership Details." This emailwas devoid of any acknowledgement that
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includes the automatic renewal or continuous service offer terms, cancellation policy, and
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information regardinghow to cancel in a manner that is capable of being retained by Plaintiff.
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Instead, Defendant provided a customary note, "Questions? Please call customer service anytime at
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Jenny Craig (800) 536-6922." Despite the purchase price of Defendant's Auto-renewal Membership,
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the email contained no other pertinent information.
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15.
Thereafter, Plaintiffs Payment Method was charged $19.00 on October 24, 2015, for
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an additional cycle of the Auto-renewal Weight Loss Program.
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Defendant's correspondencewith Plaintiff did not disclose any clear and conspicuous
way for Plaintiff to cancel the Auto-renewal Membership or offer directions on how Plaintiff can
cancel the Auto-renewal Membership.
California Business & Professions Code 17600-17606
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In December 2010, Cal. Bus. & Prof. Code 17600-17606 came into effect after the
California State Legislature decided that they wanted to end the practice of ongoing charges to
consumers' Payment Methods without consumers' explicit consent for ongoing shipments of a
product or ongoing deliveries or services. See Cal. Bus. & Prof. Code 17600.
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Cal. Bus. & Prof. Code 17602(a) makes it unlawful for any business making an
automatic renewal offer terms or continuous service offer terms, like Defendant's Auto-renewal
subscription, to a consumer, if the business:
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a. Fails to present the automatic renewal offer terms or continuous service

offer terms in a clear and conspicuous manner before the subscription or
purchasing agreement is fulfilled and in visual proximity, or in the case
of an offer conveyed by voice, in temporal proximity, to the request for
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consent to the offer.
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b. Charges the consumer's credit or debit card or the consumer's account

with a third party for an automatic renewal or continuous service without
first obtaining the consumer's affirmative consent to the agreement
containing the automatic renewal offer terms or continuous service offer
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terms.
c. Fails to provide an acknowledgement that includes the automatic

renewal or continuous service offer terms, cancellation policy, and
information regarding how to cancel in a manner that is capable of being
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retained by the consumer. If the offer includes a free trial, the business
shall also disclose in the acknowledgment how to cancel and allow the
consumer to cancel before the consumer pays for the goods or services.
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19.
Cal. Bus. & Prof. Code 17601(a) defines the term "Automatic renewal" as a "plan or
arrangement in which a paid subscription or purchasing agreement is automatically renewed at the

end of a definite term for a subsequent term."
20.
Cal. Bus. & Prof. Code 17601(b) states that ""Automatic renewal offer terms"
means the following clear and conspicuous disclosures: (1) That the subscription or purchasing
agreement will continue until the consumer cancels. (2) The description of the cancellation policy
that applies to the offer. (3) The recurring charges that will be charged to the consumer's credit or
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debit card or payment account with a third party as part of the automatic renewal plan or
arrangement, and that the amount of the chargemay change, if that is the case, and the amount to
which thecharge will change, if known. (4) The length of the automatic renewal term or thatthe
service is continuous, unless the length of the term is chosen by the consumer. (5) The minimum
purchase obligation, if any."
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Cal. Bus. & Prof. Code 17601(c) defines "clear and conspicuous" or "clearly and
conspicuously" to mean "in larger than the surrounding text, or in contrasting type, font, or color to
the surrounding textof the same size, or set off from the surrounding textof thesame sizeby
symbols or other marks, in a manner thatclearly calls attention to the language."
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Cal. Bus. & Prof. Code 17603 provides: "In any case in which a businesssends any
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goods, wares, merchandise, or products to a consumer, under a continuous service agreement or
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automatic renewal of a purchase, without first obtaining the consumer's affirmative consent as
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described in Section 17602, the goods, wares, merchandise, or products shall for all purposes be
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deemed an unconditional giftto theconsumer, who may useor dispose of the same in any manner he
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or she sees fit without any obligation whatsoever on the consumer's partto the business, including,
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butnot limited to, bearing thecost of, or responsibility for, shipping anygoods, wares, merchandise,
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or products to the business."
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Defendant's Business: Jenny Craig
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Defendant JennyCraig, Inc. is "designed to provide structure and support to help
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members lose weight and learn how to keep it off. [Jenny Craig's brand] was built on thebelief that
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successful weight loss and weight management can beachieved through a healthy relationship with
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food, an active lifestyle and a balanced approach to living. These fundamentals make up three
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cornerstones of the Jenny Craig Program: Food, Body and Mind."
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Furthermore, throughout Defendant's thirty year tenure, they built over 600 brick and
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mortarlocations throughout the United States, Canada, Australia, New Zealand and Puerto Rico with
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approximately 2,500 consultants worldwide, built anonline "Jenny Anywhere" program that gives
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access to the consultants over the internet and/orphone, and created "Jenny Craig Food," which is a
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customized food plan that offers nearly "100 delicious menus items" for the member for additional
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charges.
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In order to enroll in Defendant's "Jenny All Access," "Jenny Anywhere," or "Jenny
Craig Food," the member will have to deposit their enrollment fee into a Jenny Craig account, which
will guarantee them access to Jenny Craig's services for a month. Additionally, the member will
have access to a suite of member-only online tools and content, private weekly weight loss
consultations, guidanceplanningweekly menus, program materials, and upon reaching goal weight:
private, ongoing weight maintenance consultations.
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Thereafter, the member will be charged S19.00 every thirty days (monthly) until the
member affirmatively cancels. In order to cancel without penalty or obligation, the member must
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submit their intent to cancel at any time prior to midnight of the third business day after the thirty day
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monthly cycle has expired.
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Defendant's Check-out Process
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Upon knowledge and belief, Plaintiff and the Class followed the same check-out
process on Defendant's Website as described below.

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Defendant's first page of the check-process, like many common online check-out
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pages, seeks to acquire the member's first and last name, email address, and a password to make a
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Jenny Craig account, which as mentioned herein, provides the member with an opportunity to use the
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online tools that come with the Auto-renewal Membership. Additionally, the first page of the check
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out provides a snapshot of the price and the membership fee. However, no otherconspicuous notice
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is provided that calls to attention that the membership will auto-renew and charge the member's
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Payment Method every thirty days or how the member can exercise their control over the Auto-
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renewal Membership so they can cancel upon request as defined by Cal. Bus. & Prof. Code
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17601(b).
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3Cost of food, which averages $15-$22 per day. Plus the costof shipping.
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Call us directly to enroll ifyou have diaheies, ate Breastfeeding or have a serious health condition.
CREATE NEW AGCOUNT
HAVE AN EXISTING ACCOUNT?
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Password
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Password Confirm
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g] Sendmespecial offers,
emails, tips and newsletters.
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Defendant'sfirst page ofthecheck-out process] didnot, anddoes not, contain the Automatic-
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renewal Weight Loss Program's terms as defined by Call Bus. & Prof. Code J7601(b).
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Once the member provides the applicable information to create a new account on the
first page of the check-out process, they are redirected to the second page of the check-out process
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and are asked to input their payment information and their billing address. Moreover, no conspicuous
notice is provided that calls to attention that'the memberships will auto-renew and charge the
member's Payment Method every thirty days or how the member can exercise their control over the
Auto-renewal Membership so they can cancel upon request as defined by Cal. Bus. & Prof. Code
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17601(b).
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MEMBERSHIP SIGN UP I STEP 2OF 2
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Bold fields required.
BILLING ADDRESS
Address
City
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MEMBERSHIP PAYMENT DETAILS

Summary of Today's Charges
Zip
State
Jenny All Access Enrollment
$99.00
Recurring Billing Fee
$19.00
Select
Phone
TODAY'S TOTAL
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PAYMENT INFORMATION
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This is a secure encryptedpayment.

Full Name on Card
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Credit Cord Number
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Expiration Date
Imm" ' 'I/Iyy

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CW Code
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Promo Code
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O I agreeto iha Jpnny Craig Program. Payment
Terins Bnri Health Acknowledgment, a
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Defendant's secondpage ofthe check-out process did not, and does not. contain the Automaticrenewal Weight Loss Program's terms as defined by Cal. Bus. &Prof Code 17601(b).
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Despite providing the "Jenny Craig Program, Payment Terms and Health
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Acknowledgement" (hereafter "Terms and Conditions") link, Defendant failed to provide the
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member with the terms of theAuto-renewal Membership in a clear and conspicuous manner before
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the subscription or purchasing agreement was fulfilled and in visualproximity, to the request for
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consent to the Auto-renewal Weight Loss Program offer. See Cal. Bus. & Prof. Code 17602(a)(1).
Further, the Terms and Conditions link fails to provide an acknowledgment that includes the
automatic renewal or continuous service offer terms, cancellation policy, and information regarding
how to cancel in a manner that is capable of being retained by the consumer. See Cal. Bus. & Prof.
Code 17602(a)(3).
Defendant Failed to Present the Automatic Renewal Offer Terms or Continuous Offer Terms
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in a Clear and Conspicuous Manner Before the Subscription or Purchasing Agreement was
Fulfilled and in Visual Proximity to the Request for Consent to the Offer in violation of Cal.
Bus. & Prof. Code 17602(a)(1)
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Upon knowledge and belief, during the Class Period, Defendant's Terms and
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Conditionsfailed to meet the requirements set out in Cal. Bus. & Prof. Code 17603. Specifically,
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Defendant failed to state the auto-renewal terms in a clear and conspicuous manner (i.e. text that is
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larger than the surrounding text, or in contrasting type, font, or color to the surrounding text of the
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same size, or set off from the surrounding text) before the Auto-renewal Weight Loss Program's
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subscription was fulfilled. Id. Defendant also failed to present the Terms and Conditions in visual
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proximity to the request for consent to the offer, in a manner that calls attention to the reader that:
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a. Defendant's Auto-renewal Weight Loss Program will continue until the

Plaintiff and Class members cancel;
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b. Describes the cancellation policy that applies to Defendant's Auto-renewal
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Weight Loss Program;
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c. Charges will be made to Plaintiffs and Class member's Payment Method
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after the Auto-renewal Weight Loss Program cycle has expired, and that
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the amount of the charge may change, if that is the case, and the amount to
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which the charge will change, in known;

d. The length of Defendant's Auto-renewal Wight Loss Program or that the
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Auto-renewal Weight Loss Program is continuous, unless the length of the
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term is chosen by the consumer.
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Id.
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Defendant thus made, and continues to make, an automatic renewal or continuous
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service offer to consumers, including Plaintiff and the Class, yet failed, and continues to fail, to
present the automatic renewal offer terms, or continuous service offer terms, in a clear and
conspicuous manner and in visual proximityto the request for consent to the offer before the
subscription or purchasingagreementwas and is fulfilled in violationof Cal. Bus. & Prof. Code
17602(a)(1).
Defendant Failed to Obtain Affirmative Consent to the Terms and Conditions of Defendant's
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Auto-renewal Weight Loss Program in Violation of Cal. Bus. & Prof. Code 17602(a)(2)
33.
Upon information and belief, throughout the Class Period, after clicking the "Sign Up"
box on the second and final page of the check-out process, Plaintiffs and the Class member's
Payment Method were, and are, charged for their enrollment. Thereafter, Defendant charged, and
continues to charge, Plaintiffs and the Class member's Payment Method on a recurring basis after
the thirtieth day of the cycle has expired, and as such, is an automatic renewal plan within the
meaning of Cal. Bus. & Prof. Code 17601(a). Furthermore, the Auto-renewal Weight LossProgram's subscription continues until cancelled, and therefore is, and was, a continuous service plan
or arrangement as defined by Cal. Bus. & Prof. Code 17601(e).
34.
Prior to charging Plaintiffs and the Class member's Payment Method, Defendant
failed, and continues to fail, to obtain Plaintiffs and the Class member's affirmative consent to
Defendant's Auto-renewal Weight Loss Program. Defendant, failed, and continues to fail, to include,
the Auto-renewal Weight Loss Program's terms and conditions on the second and final page of the
check-out process before the transaction is complete.
35.
Defendant's violation of Cal. Bus. & Prof. Code 17602(a) has in turn, deemed "all
goods, wares, merchandise, or products" sent to Plaintiff and the Class under Defendant's Autorenewal subscription, to be unconditional gifts pursuant to Cal. Bus. & Prof. Code 17603. As a
result, Plaintiff and the Class may use or dispose of the same in any manner they see fit without any
obligation whatsoever on their part to Defendant, including, but not limiting to, bearing the cost of, or
responsibility for, shipping any goods, wares, merchandise, or products to the business.
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Defendant Failed to Provide an Acknowledgement That Includes the Auto-renewal Weight

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Loss Program's Terms and Conditions, Cancellation Policy, and Information on How to Cancel
in aManner That is Capable ofBeing Retained by the Consumer as Required by Cal. Bus. &
Prof. Code 17602(a)(3)
36.
Upon knowledge and belief, Defendant sent an email to Plaintiffand the Class after
their purchase ofthe Auto-renewal Subscription program that failed, and continues to fail, to provide
an acknowledgement that includes the Auto-renewal terms and conditions, cancellation policy, and
information on how to cancel in amanner that is capable ofbeing retained by the Plaintiff and Class,
in violation ofCal. Bus. &Prof. Code 17602(a)(3). Instead, Defendant provided, or provides, a
customary note, "Questions? Please call customer service anytime at Jenny Craig (800) 536-6922."
Despite the purchase price ofDefendant's Auto-renewal Subscription program, the email contained
no other pertinent information that gives Plaintiffor the Class any indication on how to cancel.
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herein, are in violation of Cal. Bus. & Prof. Code 17600, et seq.
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As a result ofthe above, Defendant's unlawful policies and/or practices, as alleged
CLASS ACTION ALLEGATIONS
38.
Plaintiffbrings this class action individually and on behalf ofthe Class and seeks to
represent:
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All persons within California who enrolled into Defendant's "Jenny All
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continuous service offer and was subsequently charged for such by
Access" weight loss program as part ofan automatic renewal plan or
Defendant within the four years prior to the filing of this Complaint
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(hereafter, the "Class").
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39.
Excluded from the Class are Defendant's: officers, directors, and employees; any
entity in which Defendant has acontrolling interest; the affiliates, legal representatives, attorneys,
heirs, and assigns ofthe Defendant; and any Judge who is assigned to this case.
40.
Numerosity: The proposed Class is so numerous that individual joinder ofall its
members are impracticable. Due to the nature of the trade and commerce involved, Plaintiffbelieves
that the total number ofClass members is at least in the thousands and that members ofthe Class are
numerous and geographically dispersed across California and the Nation. While the exact number
and identities ofthe Class members are unknown at this time, such information can be ascertained
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through appropriate investigation and discovery. The disposition ofthe claims ofthe Class members
in a single class action will provide substantial benefits to all parties and to the Court.
41.
Common Questions of Law and Fact Predominate: There are many questions of
lawand fact common to the representative Plaintiffand the Class, and those questions substantially
predominate over any questions that may affect individual Class members. The common questions of
fact and law include, but are not limited to, the following:
a. Whether Defendant charged Plaintiffs and Class member's Payment
Method for an automatic renewal or continuous service without first
obtainingPlaintiffs and the Class member's affirmative consent to the
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agreement containing the automatic renewal offer terms or continuous
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offer terms;
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b. Whether Defendant's Terms and Conditions contains the automatic
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renewal offer terms and/or continuous service offer terms as defined by
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Cal. Bus. & Prof. Code 17601;
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c. Whether Defendant failed to present the automatic renewal offer terms or
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continuous service offerterms in a clearand conspicuous manner before
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the subscription or purchasing agreement was fulfilled, and in visual or
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temporal proximity to the request for consent to the offer;
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d. Whether Defendant failed to present a cancellation policy and information
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regarding how to cancel in a manner that is capable of being retained by
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Plaintiff and the Class;
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e. Whether Cal. Bus. & Prof. Code 17603 provides for restitution for
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money paid by class members in circumstances where the goods and
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services provided byDefendant are deemed an unconditional gift;

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Whether Plaintiff and the Class are entitled to restitution under Cal. Bus.
&Prof. Code 17200 - 17203;

g- Whether Plaintiffand the Class members are entitled to declaratory relief,
injunctive relief and/or restitution; and
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ll. The proper formula(s) for calculating and/or restitution owed to Plaintiff
and the Class.
42.
Typicality: Plaintiffs claims are typical ofthe claims ofthe members ofthe Class.
Plaintiff and the Class have been similarly affected byDefendant's conduct since Plaintiff and the
Class were a customer of Defendant, did not receive adequate notice of the automatic renewal offer
orcontinuous service offer in a clear and conspicuous manner, and inclose proximity to the request
for consent to the offer, and were not presented with a cancellation policy and information regarding
how to cancel ina manner that is capable ofbeing retained by both Plaintiff and the Class. Plaintiff
and the Class are entitled to relief under the same causes of actions.
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43.
Adequacy of Representation: Plaintiff will fairly and adequately represent and
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protect the interests ofthe Class. Plaintiffhas retained counsel with substantial experience in
handling complex class action litigation. Plaintiff and her counsel are committed to prosecuting this
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Action vigorously on behalfofthe Class and have the financial resources to do so.
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44.
Superiority ofClass Action: Plaintiff and the Class have suffered and will continue
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to suffer harm asa result of Defendant's unlawful and wrongful conduct. A class action is superior to
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other available methods for the fair and efficient adjudication of the present controversy. Class
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members have little interest inindividually controlling the prosecution of separate actions because the
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individual damage claims ofeach Class member are not substantial enough to warrant individual
19
filings. In sum, for many, ifnot most, Class members, aclass action is the only feasible mechanism
20
that will allow an opportunity for legal redress and justice.
21
45.
Adjudication ofindividual Class members' claims with respect to Defendant would, as
22
apractical matter, be dispositive ofthe interests ofother members not parties to the adjudication, and
23
could substantially impair orimpede the ability ofother Class members to protect their interests.
H<
24
FIRST CAUSE OF ACTION
25
Violation of Cal. Bus. & Prof. Code SS 17600. et sea.
26
(California's Automatic Purchase Renewal Statute)
I'
'J,:
(By Plaintiff and the Class Against Defendant)
,, 27
'!:: 28
40.
Plaintiff incorporates byreference allof the above paragraphs of this Complaint as
|,.:s
I.J-
14
though fully stated herein.

41.
Cal. Bus. & Prof. Code 17600(a)(1) provides:
(a) Itshall be unlawful for any business making an automatic renewal or
continuous service offer to a consumer in this state to do any of the
following:
(1) Fail to present the automatic renewal offer terms orcontinuous service
offerterms in a clear andconspicuous manner before the subscription
orpurchasing agreement is fulfilled and in visual proximity, orin the

case of anoffer conveyed by voice, in temporal proximity, to the
request for consent to the offer.
42.
Defendant failed to present the Auto-renewal Weight Loss Program's terms in aclear
and conspicuous manner and in visual proximity to the request for consent to the offer before the
10
11
agreement was fulfilled.
43.
As a result of Defendant's violations of Cal. Bus. & Prof. Code 17602(a)(1),
12
Defendant is subject under Cal. Bus. &Prof. Code 17604 to all civil remedies that apply to a
13
14
15
violation ofArticle 9,ofChapter I, ofPart 3, ofDivision 7 of the Cal. Bus. &Prof. Code
("Automatic Purchase Renewals").
44.
16
(a) It shall be unlawful for any business making an automatic renewal or continuous
17
service offer to a consumer in this state to do any of the following:
18
19
(2) Charge the consumer's credit or debit card or the consumer's account with athird
party for an automatic renewal or continuous service without first obtaining the
20
consumer's affirmative consent to the agreement containing theautomatic renewal
21
offer terms or continuous service offer terms.

22
23
24
45.
Defendant charged Plaintiffs, and continues to charge, the Class member's Payment
Method for the Auto-renewal Weight Loss Program monthly subscription without first obtaining
Plaintiffs and the Class member's affirmative consent to the terms and conditions of theautomatic
25
renewal or continuous service offer.

26
27
46.
As a result of Defendant's violations of Cal. Bus. & Prof Code 17602(a)(2),
Defendant is subject under Cal. Bus. & Prof. Code 17604 to all civil remedies that apply to a
28
15
violation of Article 9, of Chapter 1,of Part3, of Division 7 of the Cal. Bus. & Prof. Code.
47.
(a) It shall be unlawful for any business making anautomatic renewal orcontinuous
service offer to a consumer in this state to do any of the following:
4
5
(3) Fail to provide anacknowledgement that includes the automatic renewal or
continuous service offer terms, cancellation policy, and information regardinghow

to cancel in a manner that is capableof being retainedby the consumer. If the
offer includes a free trial, the business shall also disclose in the acknowledgement
how to cancel and allow the consumer to cancel before the consumer pays for the
goods or services.
9
10
48.
Defendant failed to provide an acknowledgement that includes the Auto-renewal
11
Weight Loss Program's terms, cancellation policy, and information onhow to cancel the automatic
12
renewal or continuous service offer in a mannerthat is capable of being retained by the Plaintiffand
13
the Class.
14
49.
As a result of Defendant's violations of Cal. Bus. & Prof. Code 17602(a)(3),
15
Defendant is subject under Cal. Bus. &Prof Code 17604 to allcivil remedies that apply to a
16
violation of Article 9, of Chapter 1 of Part 3, of Division 7 of the Cal. Bus. & Prof Code.
17
SECOND CAUSE OF ACTION
18
Violation of Cal. Bus. & Prof. Code 17200, et sea.

(California's Unfair Competition Law)
19
20
21
22
23
46.
Plaintiffincorporates by reference all of the aboveparagraphs of this Complaint as
47.
Cal. Bus. & Prof. Code 17200, et seq. (the "UCL") prohibits unfaircompetition in
24
the form of any unlawful, unfair, or fraudulent business acts or practices. Cal. Bus. & Prof. Code
25
17204 allows "a person who has suffered injuryin fact and has lost money or property" to prosecute
26
a civil action for violation of the UCL. Such person may bring such an action on behalf of himself or
>i;
- 27
herself and others similarly situated who areaffected by theunlawful, unfair, or fraudulent business
v; 28
practice.
16
U"
1
48. Upon knowledge and belief, since four years prior to the filing ofthis Complaint,
2 Defendant has committed, and continues to commit, uniawful, unfair, and/or fraudulent business acts
3
4
5
6
7
and practices as defined by the UCL, by violating Cal. Bus. &Prof. Code 17600, et seq.
49. As adirect and proximate result ofDefendant's unlawful, unfair, and/or fraudulent
acts and practices described herein, Defendant has received, and continues to hold, unlawfully
obtained property and money belonging to Plaintiffand the Class in the form ofpayments made for
Defendant's Auto-renewal Weight Loss Program by Plaintiff and the Class. Defendant has profited
from its unlawful, unfair, and/or fraudulent acts and practices in the amount ofthose business
expenses and interest accrued thereon.
10
50.
Plaintiffand the Class members are entitled to restitution pursuant to Cal. Bus. &Prof.
11
12
13
Code 17203 and 17208 for all monies paid by Plaintiff and the Class under the Auto-renewal
Weight Loss Program as rates specified by law. Defendant should be required to disgorge all the
profits and gains it has reaped and restore such profits and gains to Plaintiffand the Class, from
14
whom they were unlawfully taken.
15
16
17
51.
Plaintiffand the Class members are entitled to enforce all applicable penalty
provisions pursuant to Cal. Bus. &Prof. Code 17202.
52.
Plaintiff has assumed the responsibility ofenforcement ofthe laws and public policies
18
specified herein by suing on behalfofherself and others similarly-situated Class members. Plaintiffs
19
success in this Action will enforce important rights affecting the public interest. Plaintiffwill incur a
20
financial burden in pursuing this action in the public interest. An award ofreasonable attorneys' fees
21
ofPlaintiff isthus appropriate pursuant to California Code ofCivil Procedure 1021.5.
22
THIRD CAUSE OF ACTION
23
Violation of Cal. Bus. & Prof. Code S 17535. et sea.
24
(Injunctive Reliefand Restitution)
2c
26
27
28
40.
Plaintiff incorporates byreference all ofthe above paragraphs ofthis Complaint, as
41.
Cal. Bus. & Prof. Code 17535 allows "any person who has suffered, injury in fact
17
and has lost money or property" to prosecute a civil action for violation of this Code. Sucha person
may bring such an actionon behalfof herselfand otherssimilarly situated who are affected by the
unlawful, unfair, or fraudulent business practice.
42.
Upon knowledge and belief, at least four years prior to the filing of this Complaint,
and continuing to date, Defendant has committed unlawful, unfair, and/or fraudulent businessacts
and practices as defined by Cal. Bus. & Prof. Code 17535, by violating Cal. Bus. & Prof. Code
17600, etseq.
43.
As a direct and proximate result of Defendant's unlawful, unfair, and/or fraudulent
acts and practices described herein, Defendant has received and continues to receive unlawfully
10
obtainedproperty and money belongingto Plaintiff and the Class members in the form of payments
11
made for the Auto-renewal Weight Loss Program.
12
44.
Defendant has profited from its unlawful, unfair, and/or fraudulent acts and practices
13
in the amount of those unlawful Auto-renewal Weight Loss Program subscription charges and
14
interests accrued.
15
45.
Plaintiff and the Class are entitled to injunctive relief under restitution as set out in
16
Cal. Bus. & Prof. Code 17535, et seq. for all monies paid by Plaintiff and Class members under the
17
Defendant's Auto-renewal Weight Loss Program from the date of first enrollment to the date of such
18
restitution, at rates to be determined at trial. Defendant should be required to disgorge all the profits
19
and gains it has reaped as a result of the unlawful conduct alleged herein.
20
21
PRAYER FOR RELIEF
22
WHEREFORE Plaintiff prays for judgment as follows:
23
A.
24
25
26
27
28
For an order certifying this Action as a class action and appointing Plaintiff and her
Counsel to represent the Class;
B.
For equitable relief enjoining Defendant from engaging in the wrongful conduct
complained of herein pertaining to Defendant's Auto-renewal Subscription;

C.
For restitution and disgorgement of all money or property wrongfully obtained by
Defendant by means of their herein-alleged unlawful, unfair, and fraudulent business practices;
I,,l,
18 .
D.
For an accounting by Defendant for any and all profits derived by Defendant from
their herein-alleged unlawful, unfair, and/or fraudulent conduct and/or business practices;
E.
An award of general damages according to proof;
F.
An award of special damages according to proof;
G.
An award of statutory damages according to proof;
H.
Exemplary damages;
I.
For an award of costs of suit and attorneys' fees, as allowable by law;
J.
For an award of pre- and post-judgment interest, to the extent allowable; and
K.
Such other and further relief as this Court may deem just and proper.
10
11
12
13
14
15
Dated: November 18, 2015
KTRTLAND & PACKARD LLP
By:
Ûk^ h~ l-C^
MICHAEL LOUIS KELLY
BEHRAM V. PAREKH
HEATHER BAKER DOBBS
16
17
18
19
20
21
22
23
24
25
26
*,c
27
28
19
~1
JURY TRIAL DEMANDED
1
2
Plaintiffdemands a jury trial on all issues so triable.
3
4
5
6
7
Dated: November 18,2015
By
MICHAEL LOUIS KELLY
BEHRAM V. PAREKH
HEATHER BAKER DOBBS
Counselfor Plaintiff, andall

otherssimilarly situated
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
H, 24
i" 26
^28
|*"!
20
y
CM-Q10,
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address):
"Michael Louis Kelly

2041 Rosecrans Avenue
Third Floor
El Segundo, CA 90245
TELEPKONENO.: (310) 536-1000
attorneyfor (Name).
FAX NO.:
(310)
FILED
:Superior Court of California
536-1001
County of Los Angeles
Plaintiff and all others similarly sit
SUPERIOR COURT OFCALIFORNIA, COUNTY OFLOS ANGELES

STREET ADDRESS: 111 N. Hill Street
mailing address: 111 N.
city and zipcode: Los Angeles,

CASE
NOV 1 9 2015
Hill Street
SherhR. Carter, Executive Officer/Clerk

By UiaAâJM^.^^ j ncplrty
CA 90012
branch name: Central District (Stanley Mosk)

GENEVA GONZALES v. JENNY CRAIG, INC.,
NAME:
Cristina Grijalva
et
al.
CIVIL CASE COVER SHEET
Unlimited
CZD Limited
(Amount
CASE NUM!
Complex Case Designation

I Counter
I
I Joinder
ttH0l7B
(Amount
JUDGE:
Filed with first appearance by defendant
demanded
demanded is
(Cal. Rules of Court, rule 3.402)
OEPT:
exceeds $25,000) $25,000 or less)
Items 1-6 below must be completed (see Instructions on page 2).
1. Check one box below for the case type that best describes this case:
Breach of contract/warranty (06)
Provisionally Complex Civil Litigation

(Cal. Rules of Court, rules 3.400-3.403)
Rule 3.740 collections (09)
I . I Antitrust/Trade regulation (03)
Contract
Auto Tort
Auto (22)
Uninsured motorist (46)
IAsbestos (04)
IProduct liability (24)
Other contract (37)

Real Property
[
I
I
I
| Medical malpractice (45)
Other PI/PD/WD (Personal Injury/Property

Damage/Wrongful Oeath) Tort
| OtherPI/PD/WD (23)
Non-PI/PD/WD (Other) Tort
Other collections (09)
Insurance coverage (18)
I Eminent domain/Inverse
! Insurance coverage claims arising from the

above listed provisionally complex case
types (41)
condemnation (14)
I Construction defect (10)

I Mass tort (40)
| Securities litigation (28)
| Environmental/Toxic tort (30)
]Wrongful eviction (33)
I X I Business tort/unfair business practice (07) I IOtherrealproperty (26)

Unlawful Oetainer
I ICivil rights (08)
Enforcement of Judgment
I Enforcement of judgment (20)
i Commercial (31)
I Residential (32)
Miscellaneous Civil Complaint
I RICO (27)
IDrugs (38)
I Other complaint (not specified above) (42)
I Defamation (13)
I Fraud (16)
I
I
IIntellectual property (19)
IProfessional negligence (25)
Judicial Review
Miscellaneous Civil Petition
| Othernon-PI/PD/WD tort(35)
IAsset forfeiture (05)
Employment
| Petition re: arbitration award (11)
I
I
I Writ of mandate (02)
| Wrongful termination (36)
I Partnership and corporate governance (21)

I Other petition (notspecifiedabove) (43)
I | Other judicial review (39)

i IOther employment (15)
2. This case [JD is CZD is not complex underrule 3.400 ofthe Ca'ifomia Rules ofCourt. If the case is complex, mark the
factors requiring exceptional judicial management:
a. I I Large number of separately represented parties
d. LXH Large number of witnesses
b. I X I Extensive motion practice raising difficult or novel e. I

issues that will be time-consuming to resolve
c. I X I Substantial amount of documentary evidence
f. I
3.
4.
I Cocrdination with relatedactions pendinginone or morecourts

inother counties, states, or countries,or in a federal court
I Substantial postjudgment judicial supervision
Remedies sought (check all that apply): a. DO monetary b. EEU nonmonetary; declaratory or injunctive relief c. QJD punitive
Number of causes of action (specify): 3
This case I X I is
I
I is not
a class action suit.
If there are any known related cases, file and serve a notice of related case. (You mayuse form CM-015.)
Date: November 19, 2015
k
"Id AU \L , Jd J -^
I--6.
'Michael Louis Kellv
(TYPE OR PRINT NAME)
fl'flfWg^
P^C
(SIGNATURE OF PARTY OR ATTORNEYFOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the actionor proceeding (except small claimscases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules ofCourt, rule 3.220.) Failure tofile may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If thiscase is complex underrule 3.400 et seq. ofthe California Rules of Court, you mustserve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
U'
Form Adopted for Mandatory Use

Judicial Council of California
CIVW10(Rev. July1.2007|
Soft* HIS*
Cal. Rules of Court, rules 2.30, 3.220,3.400-3.403, 3.740:
Standards ofJudicial Administration, std. 3.10
CM-010
INSTRWIONS ON HOW TO COMPLETE THE CCWR SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.'
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. Acover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party its
counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A"collections case" under rule 3.740 is defined asan action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive ofinterest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. Acollections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery ofreal property, (4) recovery of personal property, or(5) a prejudgment writ of attachment.
The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service
requirements and case management rules, unless a defendant files a responsive pleading. Arule 3.740 collections case will be subject
to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a caseas complex, the cover sheetmust be served with the
complaint on all parties to the action. Adefendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the
mmnlsv
the C3SP
case is
is complex.
Auto Tort
Auto(22)Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (// the
case involves an uninsured
motoristclaim subject to
arbitration, check thisltem
instead of Auto)
Other PI/PD/WD (Personal Injury/

Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage

Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons

Other Professional Health Care
Malpractice
Other PI/PO/WD(23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/WD

(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PD/WD
Nort-PI/PD/WD (Other) Tort

Business Tort/Unfair Business
Practice (07)
l-iCivil Rights (e.g., discrimination,

, .
false arrest) (not civil
""
harassment) (08)
,, Defamation (e.g., slander, libel)
(13)
'""Fraud (16)
, ..Intellectual Property (19)
'"'Professional Negligence (25)

-...
CASE TYPES AND EXAMPLES

Contract
Legal Malpractice
Other Professional Malpractice

(not medical or legal)
."Other Non-PI/PD/WD Tort (35)

Efiftployment
'"'Wrongful Termination (36)
!;Other Employment (15)

CM-0t0lRev. July 1.2007)
Breach of Contract/Warranty(06)
Breach of Rental/Lease
Contract (not unlawful detainer

or wrongfuleviction)
Contract/Warranty BreachSeller
Plaintiff (notfraud ornegligence)

Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty

Collections (e.g., money owed, open
book accounts) (09)
Collection CaseSeller Plaintiff
Other Promissory Note/Collections

Case
Insurance Coverage (notprovisionally
Provisionally Complex Civil Litigation (Cal.

Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)

Securities Litigation (28)
Environmental/ToxicTort (30)
Insurance Coverage Claims
(arising fromprovisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
complex) (18)
Confession of Judgment (non-
Auto Subrogation
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute

Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property' (e.g., quiet title) (26)

Writof Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent

domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs(38) (ifthe case involves illegal

drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)

Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case

Review
Other Judicial Review (39)

Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment

Case
Miscellaneous Civil Complaint

RICO (27)
Other Complaint (not specified

above) (42)
Declaratory Relief Only

Injunctive Relief Only (nonharassment)
Mechanics Lien
Other Commercial Complaint

Case (non-tort/non-complex)
Other CivilComplaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate

Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change

Petition for Relief from Late
Claim
Other Civil Petition

Page 2 of 2
&
''
short title: GENEVA GONZALES v.

al.
JENNY CRAIG,
INC.,
CASE number
et
01736
CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)

This form is required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL?CZ]YES CLASS ACTION? CD YES LIMITED CASE?
YES TIME ESTIMATED FOR TRIALlOx I
IHOURS/1
IDAYS
Item II. Indicate the correct district and courthouse location (4 steps - If you checked "Limited Case", skip to Item III, Pg. 4):
Step 1: After first completing the Civil Case CoverSheet form, find the main Civil Case CoverSheet heading for your
case in the left margin below, and, to the right in Column A, the Civil Case CoverSheet case type you selected.
Step 2: Check one Superior Court type ofaction in Column B below which best describes the nature ofthis case.
Step 3: In Column C, circle the reason for the courtlocation choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.3.
Applicable Reasons for Choosing Courthouse Location (see Column C below)

1. Class actions must be filed in the Stanley Mosk Courthouse, central district.
6. Location of'property or permanently garaged vehicle.
3. Location where cause of action arose.
8. Locationwherein defendant/respondent functions wholly.

9. Location where one or more of the parties reside.
2. May be filed in central (other county, or no bodily injury/property damage).

4. Location where bodily injury, death or damage occurred.
5. Location where performance required or defendant resides.
7. Location where petitioner resides.
10. Location of Labor Commissioner Office
11. Mandatory Filing Location (Hub Case)
Step 4: Fill in the information requested on page 4 in Item III; complete Item IV: Sign the declaration.
j^P Applicable M
:
Civil Case over Sheet
Category No
o
Typeôf?Action!
w^*t wP^ TvpewActionF^
4c
*jf
i,mss>
I, ,,(Check|?nly one)
"Reasons - See Step 3*
7*
Above
Auto (22)
I A7100 Motor Vehicle - Personal Injury/Property Damage/Wrongful Death
1., 2.. 4.
Uninsured Motorist (46)
I A7110 Personal Injury/Property Damage/Wrongful Death- Uninsured Motoris
1., 2., 4.
I A6070 Asbestos Property Damage
I A7221 Asbestos-Personal Injury/Wrongful Death:
I A7260 Product Liability (notasbestos or toxic/environmental)
1., 2., 34., 8.
I A7210 Medical Malpractice - Physicians &Surgeons
1..4.
I A7240 Other Professional HealthCare Malpractice
1..4.
I A7250 Premises Liability (e.g., slipand fall)
1..4.
r-
S
<
Asbestos (04)
>.
8
o
; ; O2T
I-:, .a,
c
':,
sz
Product Liability (24)
C7>
Medical Malpractice (45)
<0
C
w ?
-
4)
CL
1 I"
'-,
sz
s=
<u
O)
F
o
Other Personal
Injury Property
Damage Wrongful
Death (23)
In..,
J A7230 Intentional Bodily Injury/Property Damage/Wrongful Death (e.g.,
1., 4.
assault, vandalism, etc.)
I A7270 intentional Infliction of Emotional Distress
1..3.
I A7220 Other Personal Injury/Property Damage/Wrongful Death
1., 4.
K.
UCACIV 109 (Rev 3/15)

LASC Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION
Local Rule 2.3 zS^

Page 1 of 4
LA-CV109

Gonzales v. Jenny Craig - Automatic Renewal Law PDF

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9,

Michael Louis Kelly - State Bar No. 82063

Superior Court of California

Behram V. Parekh - State Bar No. 180361

Heather Baker Dobbs - Bar No. 261303

2041 Rosecrans Avenue, Third Floor

Sherri R. Carter, Executive Officer/Clerk

KIRTLAND & PACKARD LLP

El Segundo, California 90245

Tel: (310) 536-1000; Fax: (310) 536-1001 J)^^ tOdU&^ V.

Counselfor Plaintiffandall others similarlysituated

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES, CENTRAL DISTRICT

GENEVA GONZALES, on behalf of herself and

1. Violation of California's Automatic Renewal

law (Bus. & Prof. Code 17600-17604;

2. Violation of California's Unfair Competition

Law ("UCL") (Bus. & Prof. Code 17200-

and DOES 1-100,

3. Injunctive Relief (Bus. & Prof. Code

JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT

theirdebitor credit card, or third partyaccount (hereafter "Payment Method").

Defendant's Auto-renewal Weight Loss Program offers an array of weight

Defendant's "ready-to-enjoy perfectly proportioned meals," a personalized account where the

To enroll in Defendant's Auto-renewal Weight LossProgram, Defendant requires an

Defendant's Auto-renewal Weight Loss Program, however, is in violation of

CLASS ACTION COMPLAINT

"consumers" as defined by Cal. Bus. & Prof. Code 17601(d).

Defendant, JennyCraig, Inc., on information and belief, is a Delaware corporation

California and throughout the Nation.

! Plaintiff received a $50 discount.

CLASS ACTION COMPLAINT

JURISDICTION AND VENUE

2.3(a)(1)(A) because this is a class action.

Out-of-state participants can be brought before this Court pursuantto California's

"long-arm" jurisdictional statute.

Plaintiffs Enrollment in Defendant's "Jenny AH Access" Weight Loss Program

Plaintiff, Geneva Gonzales, enrolled in Defendant's Auto-renewal Weight Loss

information regardinghow to cancel in a manner that is capable of being retained by Plaintiff.

the email contained no other pertinent information.

an additional cycle of the Auto-renewal Weight Loss Program.

CLASS ACTION COMPLAINT

cancel the Auto-renewal Membership.

California Business & Professions Code 17600-17606

subscription, to a consumer, if the business:

a. Fails to present the automatic renewal offer terms or continuous service

consent to the offer.

b. Charges the consumer's credit or debit card or the consumer's account

c. Fails to provide an acknowledgement that includes the automatic

arrangement in which a paid subscription or purchasing agreement is automatically renewed at the

CLASS ACTION COMPLAINT

purchase obligation, if any."

symbols or other marks, in a manner thatclearly calls attention to the language."

goods, wares, merchandise, or products to a consumer, under a continuous service agreement or

or products to the business."

Defendant's Business: Jenny Craig

Defendant JennyCraig, Inc. is "designed to provide structure and support to help

cornerstones of the Jenny Craig Program: Food, Body and Mind."

CLASS ACTION COMPLAINT

In order to enroll in Defendant's "Jenny All Access," "Jenny Anywhere," or "Jenny

private, ongoing weight maintenance consultations.