Motion to Vacate
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 Honorable Nahal Iravani-Sani, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230
DATE: 06/12/2026 TIME: 9:00 A.M. and 9:01 A.M.
Welcome to Department 12. The Court’s tentative rulings for the Law & Motion Calendar are below.
TO CONTEST THE RULING: Before 4:00 p.m. ON THE DAY PRIOR TO THE HEARING, YOU MUST NOTIFY: (1) The Court - by calling (408) 808-6856 and (2) Opposing side - by phone or email that you plan to appear and contest the ruling. The Court will not hear argument and the tentative ruling will be adopted if these notifications are not made. (Cal. Rule of Court 3.1308(a)(1); Civil Local Rule 8.D.) **Please indicate the specific issue being contested when calling the Court and counsel**
IN-PERSON APPEARANCES: Department 12 is a fully open courtroom conducting in-person hearings on the days it has scheduled matters. The Court strongly encourages in-person appearances for any contested law-andmotion matter. If appearing remotely, VIDEO IS REQUIRED. Audio only appearances are not permitted absent exceptional circumstances. (Civil Local Rule 5.B.)
REMOTE APPEARANCES: Remote appearance is governed by Civil Local Rule 5 and General Local Rule 9. Department 12 uses UDC as its remote platform. The Court encourages in-person appearance, but if appearing remotely, VIDEO IS REQUIRED. Audio only appearances are not allowed absent exceptional circumstances. (Civil Local Rule 5.B.)
TELEPHONIC APPEARANCE IS PROHIBITED, unless the Court grants an exception. (Civil Local Rule 5.A.) “CourtCall” is no longer available.
RECORDING IS PROHIBITED: State and local court rules prohibit recording court proceedings without a court order. This prohibition applies to both in-person and remote appearances.
COURT REPORTERS ARE NOT PROVIDED: If any party wishes to have a court reporter, the appropriate forms and process may be found on the court’s website https://www.scscourt.org/general_info/court_reporters.shtml.
SCHEDULING MOTION HEARINGS: Please reserve your next hearing date using Court Schedule—an online scheduling tool on the Santa Clara County court website. https://reservations.scscourt.org or call 408-882-2430 between 8:30 a.m. and 12:30 p.m. (Mon.-Fri.) You must then file your motion papers no more than five court days after reserving the hearing date, or the date will be released to other cases.
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FINAL ORDERS: The prevailing party shall prepare the order unless otherwise ordered. (See California Rule of Court 3.1312.) Please Note: Any proposed orders must be submitted with the Judicial Council Form EFS-020 Proposed Order (Cover Sheet). Please include the date, time, department and line number.
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 Honorable Nahal Iravani-Sani, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230
DATE: 06/12/2026 TIME: 9:00 A.M. and 9:01 A.M.
LINE # CASE # CASE TITLE RULING LINE 1 22CV406660 American Express Motion: Vacate National Bank v. Merquais Nabizada Please Ctrl Click (or scroll down) on Line 1 LINE 2 25CV465349 Yiting Zhao et al Hearing: Petition Compel Arbitration vs Dr. Yueyue Guo, LAc et al Please Ctrl Click (or scroll down) on Line 2 LINE 3 25CV472932 Keep America Safe and Hearing: Motion to Approve Proposition 65 Settlement and Consent Beautiful Judgement vs Trademark Global LLC Please Ctrl Click (or scroll down) on Line 3 LINE 4 25CV474734 Wells Fargo Bank, Hearing: Motion Summary Judgment N.A. vs Jean Ansaldo Notice is proper. No opposition has been filed. “[T]he failure to file an opposition creates an inference that the motion or demurrer is meritorious.” (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)
Good Cause Appearing, Plaintiff’s motion is granted.
Plaintiff to prepare the final order, accompanied by the necessary Forms EFS-020, within 10 days of the date of the hearing.
LINE 5 25CV477277 Qingyu Liang vs Yu Motion: Strike & Demurrer Zhu LINE 6 Please Ctrl Click (or scroll down) on Line 5 for Lines 5 & 6
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Calendar Line 1 Case Name: American Express National Bank vs. Merquais Nabizada Case No.: 22CV406660
PLAINTIFF’S MOTION TO VACATE CONDITIONAL DISMISSAL AND FOR ENTRY OF JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 664.6
The parties entered into a written settlement agreement on March 8, 2024 resolving this action. The agreement was signed by Defendant and by Plaintiff’s counsel on Plaintiff’s behalf and satisfies the requirements of Code of Civil Procedure section 664.6. The agreement sets forth the material settlement terms, including the amount owed, payment schedule, and default provisions.
On March 12, 2024, the Court dismissed the action without prejudice and expressly retained jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement and enter judgment upon default.
Plaintiff has established that Defendant defaulted under the settlement agreement. Defendant has not made payment since March 2024, the first month payments were due pursuant to the parties’ stipulation. Plaintiff provided written notice of default as required by the agreement on June 26, 2024, and afforded Defendant the contractual opportunity to cure. Defendant failed to cure the default. No opposition has been filed by Defendant to the pending motion.
Pursuant to the terms of the settlement agreement and the Court’s retained jurisdiction, Plaintiff is entitled to entry of judgment. The requested amount of $12,952.92, consisting of the unpaid settlement balance and recoverable costs, is supported by the declaration and exhibits submitted in support of the motion.
Accordingly:
1. The motion is GRANTED.
2. The conditional dismissal is VACATED to the extent necessary to enforce the settlement agreement; 3. Judgment shall be entered in favor of Plaintiff and against Defendant in the amount of $12,952.92.
Plaintiff to submit the proposed order and judgment accompanied by the necessary Form EFS 020 within 7 days of the hearing.
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