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 116.730

116.730.  (a) A defendant 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 defendant shall appear at any hearing on the motion, or
submit written justification for not appearing together with a
declaration in support of the motion.
   (c) Upon a showing of good cause, the court may grant the motion
to vacate the judgment.  If the plaintiff is not present, the court
shall hear the motion in the plaintiff'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
plaintiff is not present, the judge or clerk shall reschedule the
case and give notice in accordance with Section 116.330.
   (e) If the motion is denied, the defendant may appeal to the
superior court only on the denial of the motion to vacate the
judgment.  The defendant shall file the notice of appeal with the
clerk of the small claims court within 10 days after the small claims
court has mailed or delivered notice of the court's denial of the
motion to vacate the judgment.
   (f) If the superior court determines that the defendant's motion
to vacate the judgment should have been granted, the superior court
may hear the claims of all parties without rescheduling the matter,
provided that all parties are present and the defendant has
previously complied with this article, or may order the case
transferred to the small claims court for a hearing.
 

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