Carreno Garcia vs. LA Veta Healthcare, INC.

to strike “punitive style allegations” found in Paragraphs 38, 39 and 42 are MOOT.

The motion to strike plaintiff’s reference to a dollar amount of damages as stated in Paragraphs 28, 32, 36, 40, 44, 51, 57, and Prayer ¶ 1 is DENIED. (See Code of Civil Procedure §425.10.)

The motion to strike the request for attorney’s fees in the prayer for damages is GRANTED. No statutory or contractual basis is provided. (Code of Civil Procedure §1021)

The court continues the CMC to 9/28/26 at 8:45am.

Defendants shall give notice.

306 Carreno Garcia The motion to compel arbitration of the claims of vs. LA Veta plaintiff Martin Carreno Garcia (Plaintiff) filed by Healthcare, defendants La Veta Healthcare, Inc. and The INC. Ensign Group, Inc. (collectively, Defendants) is CONTINUED for an evidentiary hearing.

Plaintiff contends there is no mutual assent here because he does not read or speak English and thus did not know what he was signing, and Defendants knew this but nevertheless required Plaintiff to sign the subject arbitration agreement with no translation.

The evidence submitted by the parties shows two sharply conflicting factual accounts as to Plaintiff’s claimed inability to read or speak English and as to whether Defendants knew Plaintiff could not read or speak English. Due to the foregoing factual disputes, the court finds an evidentiary hearing is appropriate to address these issues. (See Hotels Nevada v. L.A. Pac. Ctr., Inc. (2006) 144 Cal.App.4th 754, 762-763.)

The court will hear from the parties at the hearing as to scheduling of a date for the evidentiary hearing and a continued date for the CMC.

Defendants shall give notice.

308 Law Offices of Before the court is an unopposed Motion Directing Joseph P. Interpleading of Funds (Motion) filed by plaintiff McGinley vs. Law Offices of Joseph B. McGinley (Plaintiff). The Falck Mobile hearing is CONTINUED to July 6, 2026 at 1:30pm. Health, Inc. Plaintiff has not filed the subject funds with the court. The Motion is based upon Code of Civil Procedure sections 386 and 386.5. Under those code sections and for the court to grant the Motion, the moving party must provide an affidavit that it was no interest in the funds it seeks to deposit with the court.

The affidavit is also required for the party to recover attorney fees under Code of Civil Procedure section 386.6, subdivision (a). The declaration of Joseph B. McGinley does not contain the required statements. The hearing is continued for Plaintiff to file and timely serve a supplemental affidavit that complies with the code.