Motion to Compel Arbitration
26CV001325: VELOCITY INVESTMENTS LLC vs HOLMES 08/13/2026 Hearing on Motion to Compel Arbitration in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with
26CV001325: VELOCITY INVESTMENTS LLC vs HOLMES 08/13/2026 Hearing on Motion to Compel Arbitration in Department 16D
a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING:
The Notice of Motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Moving party is directed to contact opposing counsel forthwith to advise counsel of Local Rule 1.06 and the Courts tentative ruling procedure. If moving party is unable to contact opposing counsel prior to the hearing, she shall be available at the hearing in the event opposing counsel appears without following the procedures set forth in Local Rule 1.06(B).
In pro per Defendant Tangela Holmes motion to compel arbitration is DROPPED from the calendar, as follows.
Defendant filed the instant motion on July 20, 2026. However, default was entered against Defendant on June 16, 2026. The entry of a default terminates a defendants rights to take any further affirmative steps in the litigation until either [the] default is set aside or a default judgment is entered. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiffs right of action; [defendant] cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings. [Citation.] (Ibid. [emphasis added].)
Notably, Defendant has not filed any motion to set aside the default entered against it, much less obtained relief through hearing on such a motion.
Because default was entered against Defendant before she filed the instant motion and the default has not been set aside, the Court lacks jurisdiction to consider any motion filed by Defendant other than a motion for relief from default. (Weil & Brown, Cal. Practice Guide: Civ. Procedure Before Trial (The Rutter Group 2026 Update) ¶ 5:7 [citing W.A. Rose Co. v. Mun. Ct. (1959) 176 Cal.App.2d 67, 72].)
For the stated reasons, Defendants motion to compel arbitration is dropped from the calendar.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV001325: VELOCITY INVESTMENTS LLC vs HOLMES 08/13/2026 Hearing on Motion to Compel Arbitration in Department 16D
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)