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  • Report:  #1207939

Complaint Review: la fitness

la fitness Public Humiliation and canceled my account on my first time there poway California

  • Reported By:
    derek barrios — california California
  • Submitted:
    Tue, February 10, 2015
  • Updated:
    Tue, February 10, 2015

 Just opened an account with Corey on 2/6/15 for my wife and myself. First time in the gym 2/9/15, and we took our 3 kids to kid play area and hit the treadmill and stretched out. I brought a "Husky" folder with paper and pen to write down our heaviest weight limit for each exercise (all leg machines). We went to use the smith machine to max out on squats. My wife went first and then right when I was going into my turn I had an assistant manager named SEAN HERMAN come to me in a very threatning body stance and yelling at the top of his lungs in front of about 30 people that I am not allowed to "coach" because we have to pay for  personal trainers. I was "coaching" because i was writing down our progress. I asked to speak with the GENEREAL MANAGER  EMILY, then he said she was fired and HE was the General Manager. Corey  was there and watched both of us working out, so i took Sean to Corey and then Corey lied and said he didn't see anything. I said it the situation was bullshit because there is a consumer affair report about the exact same situation happening to a mother and her teenage son. SEAN then intentionally verbally threatened me to take me outside and beat my a** if I had a problem with it in front of Corey. Coming from an experienced fortune 50 Retail store management background,  i stated I was shocked at his professional demeanor, and as a BROWN BELT IN HELIO GRACIES JIU JITSU, I would not fight him. I also stated I was a VOLUNTEER SHERIFF OFFICER and I could call the local station on him for CA PC 422 criminal threats which is a FELONY... he quickly refuted his verbal threat and said he was cancelling my account and called me a b***h in front of my wife, corey and other gym members. For my first time at an LA FITNESS and at the POWAY, CA location, I will never go back and expect a refund which they never gave the mom and her son.

1 Updates & Rebuttals


Robert

Irvine,
California,

PC 422

#2Consumer Comment

Tue, February 10, 2015

There are 3 sides to every story, your side, their side, and somehwere in the middle the truth.  You are giving only one side of the story and of course are going to slant it to your advantage.  You apperantly know(or should know) how to "handle yourself" in these type of situations.  Yet you state that this guy apparently just starts off yelling in an "threatning" body stance.  

Then you seem to get a bit heated, and probably more than you indicate here. 

Then amazingly at the top of your hat all of the sudden come up with a "similar" situation that you seem to know all about.  Which is interesting, as it then becomes a mystery why if you knew you would have a possibility of this happening why would you go to a gym that has this history?  Did you want to cause trouble?

 

I could call the local station on him for CA PC 422 criminal threats which is a FELONY

 

PC 422 in part states....

422.  (a) Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison

---------------------------------

I underlined a key part that perhaps you should have paid attention to when you were going through your instruction to become a VOLUNTEER Sheriff Deputy.

First the fear of harm has to be "reasonable" and "substained".  Since you are an admitted brown belt and a volunteer deputy, one could figure that you could handle yourself in that situation.  Second it has to be a substained fear, and something said in the heat of the moment you really are going to have a hard time proving either of those parts.

Next, this provision can actually be a FELONY or MISDEMEANOR

Now, I will say that since he basically backed down, that doesn't mean you were right...you just bluffed him and actually good use of your Brown Belt eduation.

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