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 116.740
(a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant.
(b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment.
(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) Subdivisions (d), (e), and (f) of Section 116.730 apply to any motion to vacate a judgment.
Notes
Allows a nonappearing small claims defendant who was not properly served to move to vacate judgment with a supporting declaration within 180 days after discovering or reasonably having discovered the judgment. The court may suspend enforcement pending the motion and grant relief for good cause; specified provisions governing post-vacatur procedure and appeal of denial also apply.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 116.740 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-1/title-1/chapter-5-5/article-7/section-116-740