Motion to Set Aside/Vacate Default
forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.” (Cal. Rules of Court, rule 3.1320, subd. (g).) Here, the Court sustained Defendant’s demurrer to Plaintiff Arah Moslehi’s complaint with leave to amend on 10/21/2025. (ROA 99.) On 10/22/2025, Defendants filed and served a Notice of Ruling wherein Defendants advised Plaintiff that the Court sustained Defendants’ demurrer to the Complaint with leave to amend. (ROAs 103 and 105.) To date, Plaintiff has not filed an amended complaint.
Plaintiff’s deadline to do so passed. 10 days after Defendants served notice of the Court’s ruling on their demurrer is Saturday, 11/01/2025. Again, to date, Plaintiff has not filed an amended complaint. As such, the Motion to Dismiss is GRANTED. Plaintiff Arah Moslehi’s Complaint is deemed DISMISSED WITH PREJUDICE as to Defendants Baker Ranch Affordable, L.P and Solari Enterprises, Inc. The requests for judicial notices are GRANTED. “A court may take judicial notice of the [e]xistence of each document in a court file but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments.” (People v.
Franklin (2016) 63 Cal.4th 261, 280.) Moving parties to give notice.
106 Rebel Off Road LLC vs. Diaz
25-01503796 Motion to Set Aside/Vacate Default Plaintiffs REBEL OFF ROAD LLC, BOND GILMER, RANDUN SANTOYO, and AMADOR SANTOYO will and hereby does move this Court for an order
vacating the Clerk's Entry of Default entered on January 5, 2026. Unopposed Motion is granted pursuant to CCP§473, CCP§ 425.11. Defendant to answer the Complaint within 30 days from service of this Court’s notice of ruling. [CCP § 412.20(a)(3).] Plaintiff to give notice.
107 Bensalem vs. Mobilitas Insurance Company
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26-01558997 1. Motion for Order to Stay Proceedings Respondent Mobilitas Insurance Company moves to stay arbitration proceedings pending resolution of respondent Petitioner Imed Bensalem’s occupational accident insurance claim. For the reasons set forth below, the motion is DENIED. Mobilitas has failed to provide any evidence or authority to show the court has the power to grant the requested relief in this case. Furthermore, the Court grants Petitioner’s motion to compel arbitration, which is being heard concurrently with this motion.
As noted in this Court’s ruling on that motion, Insurance Code section 11580.2, subdivision (f), states, “If the insured has or may have rights to benefits, other than nonoccupational disability benefits, under any workers' compensation law, the arbitrator shall not proceed with the arbitration until the insured's physical condition is stationary and ratable. In those cases in which the insured claims a permanent disability, the claims shall, unless good cause be shown, be adjudicated by award or settled by compromise and release before the arbitration may proceed.” (Emphasis added.)
As such, section 11580.2, subdivision (f), specifies what the arbitrator shall and shall not do. It makes no mention of the Court staying any arbitration proceedings. Whether to proceed would seem to be an