California CodesCode of Civil Procedure - CCPPart 1 — Of Courts of JusticeTitle 1 — Organization and JurisdictionChapter 5.5 — Small Claims CourtArticle 7 — Motion to Vacate, Appeal, and Related MattersSection 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.
Notes
Allows a small claims plaintiff who missed the hearing to move to vacate judgment within 30 days after mailed notice of entry. The clerk must set the motion hearing at least 10 days after mailing hearing notice; good cause permits vacation, and if granted the case may be heard immediately by agreement or rescheduled when the defendant is absent.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 116.720 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-1/title-1/chapter-5-5/article-7/section-116-720