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 7.  Motion to Vacate and Appeal
Sections 116.710-116.795


 

Chapter 5.5 SMALL CLAIMS COURT
Article 7.  Motion to Vacate and Appeal

 

CODE OF CIVIL PROCEDURE
SECTION 116.710

116.720.  (a) A plaintiff who did not appear at the hearing in the
small claims court may file a motion to vacate the judgment with the
clerk of the small claims court.  The motion shall be filed within 30
days after the clerk has mailed notice of entry of the judgment to
the parties.
   (b) The clerk shall schedule the hearing on the motion to vacate
for a date no earlier than 10 days after the clerk has mailed written
notice of the date, time, and place of the hearing to the parties.
   (c) Upon a showing of good cause, the small claims court may grant
the motion.  If the defendant is not present, the court shall hear
the motion in the defendant's absence.
   (d) If the motion is granted, and if all parties are present and
agree, the court may hear the case without rescheduling it.  If the
defendant is not present, the judge or clerk shall reschedule the
case and give notice in accordance with Section 116.330.

 

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