§7.01 Motion to Vacate—By Nonappearing Party

A plaintiff or defendant who did not appear at the hearing in small claims court may file a motion to vacate the judgment within 30 days after the clerk mails notice of entry of the judgment. [CCP §§116.720(a), 116.730(a); see form SC-135.] Statutory provisions for extending time when notice is given by mail do not apply. [CCP §116.140(a).]

The clerk gives at least 10 days’ notice of the hearing on the motion to vacate. [CCP §116.720(b).] The defendant must appear at the hearing or must submit written justification and a supporting declaration for not appearing. [CCP §116.730(b).]

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On a showing of good cause, you may grant the motion to vacate. If either party is not present, you must still hear the motion in that party’s absence. [CCP §§116.720(c), 116.730(c).] If you grant the motion and all the parties are present and agree, you may immediately hear the underlying case. If either party is not present at the motion hearing, you or the clerk must reschedule the case and give notice. [CCP §§116.720(d), 116.730(d); see §2.07.]