UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KATHERINE CHABOLLA, No. 23-15999 Individually and on Behalf of All Others Similarly Situated, D.C. No. 4:23-cv-00429- Plaintiff-Appellee, YGR

v. OPINION CLASSPASS INC.; CLASSPASS, LLC; CLASSPASS USA, LLC,

Defendants-Appellants.

Appeal from the United States District Court for the Northern District of California Yvonne Gonzalez Rogers, District Judge, Presiding

Argued and Submitted September 11, 2024 San Francisco, California

Filed February 27, 2025

Before: Jay S. Bybee, Salvador Mendoza, Jr., Circuit Judges, and Michael W. Fitzgerald,* District Judge. * The Honorable Michael W. Fitzgerald, United States District Judge for the Central District of California, sitting by designation. 2 CHABOLLA V. CLASSPASS, INC.

Opinion by Judge Mendoza; Dissent by J