§ 116.720 Failure of plaintiff to appear at hearing; motion to vacate judgment; hearing rescheduled

Codes > California Code of Civil Procedure > Part 1 > Title 1 > 116.720

§ 116.720. Failure of plaintiff to appear at hearing; motion to vacate judgment; hearing rescheduled

    (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.