Legal Question in Credit and Debt Law in California

Good cause to vacate a dismissal in small claims

Is the plaintiff (moving party) who missed the court date set by plaintiffs filing of a complaint entitled to have the subsequent dismissal of plaintiffs action vacated simply because plaintiff claims it did not realize what date the hearing was supposed to be held. Is that ''good cause'' to vacate the dismissal?


Asked on 3/05/09, 6:30 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Good cause to vacate a dismissal in small claims

If plaintiff had a lawyer and the lawyer signs a declaration admitting fault, the court must set aside the dismissal. If it were plaintiff in pro per, there's a more rigorous standard. Make sure to respond to the motion to set aside the dismissal.

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Answered on 3/06/09, 3:27 am


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