California Code of Civil Procedure

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Part 1 Of Courts of Justice
Title 1 Organization and Jurisdiction
Chapter 5.5 SMALL CLAIMS COURT
Article 5.  Hearing
Sections 116.510-116.570
 

Chapter 5.5 SMALL CLAIMS COURT
Article 5.  Hearing
 

CODE OF CIVIL PROCEDURE
SECTION 116.510

116.570.  (a) Any party may submit a written request to postpone a
hearing date for good cause.
   (1) The written request may be made either by letter or on a form
adopted or approved by the Judicial Council.
   (2) The request shall be filed at least 10 days before the hearing
date, unless the court determines that the requesting party has good
cause to file the request at a later date.
   (3) On the date of making the written request, the requesting
party shall mail or personally deliver a copy to each of the other
parties to the action.
   (4) (A) If the court finds that the interests of justice would be
served by postponing the hearing, the court shall postpone the
hearing, and shall notify all parties by mail of the new hearing
date, time, and place.
   (B) On one occasion, upon the written request of a defendant
guarantor, the court shall postpone the hearing for at least 30 days,
and the court shall take this action without a hearing.  This
subparagraph does not limit the discretion of the court to grant
additional postponements under subparagraph (A).
   (5) The court shall provide a prompt response by mail to any
person making a written request for postponement of a hearing date
under this subdivision.
   (b) If service of the claim and order upon the defendant is not
completed within the number of days before the hearing date required
by subdivision (b) of Section 116.340, and the defendant has not
personally appeared and has not requested a postponement, the court
shall postpone the hearing for at least 15 days.  If a postponement
is ordered under this subdivision, the clerk shall promptly notify
all parties by mail of the new hearing date, time, and place.
   (c) This section  does not limit the inherent power of the court
to order postponements of hearings in appropriate circumstances.
   (d) A fee of ten dollars ($10) shall be charged and collected for
the filing of a request for postponement and rescheduling of a
hearing date after timely service pursuant to subdivision (b) of
Section 116.340 has been made upon the defendant.
 

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