Judge: Erick L. Larsh, Case: 2021-01236695, Date: 2023-05-18 Tentative Ruling

Defendant West Grove Landscape Co., Inc.’s (defendant) motion to compel arbitration is CONTINUED to June 15, 2023, at 1:30 p.m. in this department, to allow defendant an opportunity to serve and file a properly certified translation of the subject arbitration agreement.

Defendant has submitted a copy of the subject arbitration agreement signed by plaintiff Jose Hernandez (plaintiff) as exhibit 10 to the declaration of defendant’s administrator, Daisy Gutierrez. (See Gutierrez Decl. ¶¶ 12-14, Ex. 10.) The document is in Spanish. (See ibid.)

Defendant has therefore also provided an English translation of this exhibit, which is purportedly “certified” by TSG Reporting, a legal services company that provides translation services. (See Gutierrez Decl. ¶ 14, Ex. 11.)

The “translation certification” attached to the translation, however, fails to properly certify it. (See Gutierrez Decl. at Ex. 11 [last page].) “Exhibits written in a foreign language must be accompanied by an English translation, certified under oath by a qualified interpreter.” (Cal. Rules of Court, rule 3.1110(g).) Here, the “translation certification” is not made by the interpreter that interpreted the document, but by a “project manager” at the legal services company. (Gutierrez Decl. at Ex. 11 [last page].) It is also not certified to be true and correct under penalty of perjury under the laws of the State of California, as required for any certification made under oath. (See Code Civ. Proc., § 2015.5.)

Defendant is therefore ORDERED to serve and file, within five days, either a proper certification for the English translation of the subject arbitration agreement attached as exhibit 11 to the Gutierrez declaration, or a properly certified English translation of exhibit 10 attached to the same. (See Cal. Rules of Court, rule 3.1110(g); Code Civ. Proc., § 2015.5.)

Defendant shall give notice.