California Code of Civil Procedure

§ 116.730

CCP § 116.730Title 1 · Part 1 · Ch. 5.5 · Art. 7

Statute text

(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.

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Legislative history

Amended by Stats. 1991, Ch. 915, Sec. 21.