Caballero

Filed 9/28/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MIGUEL CABALLERO et al., 2d Civ. No. B308126 (Super. Ct. No. 56-2020- Plaintiffs and Respondents, 00541844-CU-MM-VTA) (Ventura County) v.

PREMIER CARE SIMI VALLEY

LLC,

Defendant and Appellant.

Premier Care Simi Valley LLC dba Simi Valley Care Center (Premier Care) appeals from an order denying a petition to compel arbitration. Miguel Caballero, who declares he reads and writes only in Spanish, signed a two-page “RESIDENT- FACILITY ARBITRATION AGREEMENT” (Arbitration Agreement) when his mother, Maria Paz-Anaya Caballero, was admitted to Premier Care. The Arbitration Agreement is in English. Three years after signing the agreement Caballero and his siblings (plaintiffs) brought this wrongful death action against Premier Care and other defendants. In denying Premier Care’s petition to compel arbitration, the trial court found it had failed to sufficiently inform Caballero of the Arbitration Agreement’s contents. The record, however, does not support this finding. A party who does not understand English sufficiently to comprehend…