§4.11 Postponing Hearing

A party may submit a request to postpone a hearing date for good cause. [CCP §116.570(a).]

• The request may be made either by letter or on form SC-110.
• The request must be filed at least 10 days before the hearing date, unless you determine that the requesting party has good cause to file the request at a later date. On the date of request, the requesting party must mail or personally deliver a copy to each of the other parties to the action.
• If you find that the interests of justice would be served by postponing the hearing, you must postpone it and notify all parties by mail of the new hearing date, time, and place. [See form SC-111.]
• If a guarantor requests a postponement in writing, you must postpone the hearing for at least 30 days without a hearing. Only one such postponement is required, but you have discretion to grant additional postponements.

You must respond promptly by mail to any person who requests a postponement in writing. [CCP §116.570(a)(5).] You retain your inherent power to postpone hearings in appropriate circumstances. [CCP §116.570(c).]

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A postponement may also result from incomplete service. If service of the claim and order on the defendant is not complete by the required number of days before the hearing and the defendant has not personally appeared and has not requested a postponement, you must postpone the hearing for at least 15 days. Your clerk must promptly notify all parties by mail of the new hearing date, time, and place. [CCP §116.570(b).]