I. Background

Plaintiff Jocabee Garcia (“Plaintiff”) alleges she was injured at a gym owned by defendant 24 Hour Fitness USA, Inc. (“Defendant”).

Plaintiff understands Spanish only and alleges Defendant’s Spanish-speaking gym manager failed to tell her about all of the terms of its membership agreement, including the release of liability, when she applied for a gym membership. (Second Amended Complaint (“SAC”), ¶¶ 11-12.) After she signed the membership agreement, another employee took her on a tour of the gym. (SAC, ¶ 15.) The employee walked Plaintiff past a “Pec-Fly” machine that another person was using. (SAC, ¶¶ 16-17.) According to this employee, the person exercising loaded too much weight on the Pec-Fly machine and let it go, at which time it struck Plaintiff in the head as she passed by. (SAC, ¶¶ 16-17.) She went to the hospital where she received stitches and was diagnosed with a concussion. (SAC, ¶ 16.) She now has neck pain, dizziness, persistent headaches, memory loss, d