Legal Question in Landlord & Tenant Law in California

I tried to file a request for trial postponement in small claims court in California (I am the defendant). Because of a misunderstanding on my part it was not filed and returned to me because I did not include $10 filing fee. I received that notification on Thursday July 26, and the trial is Monday July 30th, therefore no time to postpone it, and, I currently live out of the country (in Puerto Rico). I spoke to clerks at the court house and was told about filing a 'motion to vacate' after judge's decision. Also spoke to small claims adviser and was told it was worth resubmitting it even though there was no time to postpone. I hired a courier and they did the filing for me on Friday the 27th. I explained that I had tried to file before, and that the reason I could not be there on trial date is because I live out of the country, have a son whom is a minor solely under my care that will begin school next week, I have no one to care for him, and also the travel expenses I would have to incur. I did this in the hope that the judge will have this information at trial and at least see the reasons why I am not there, and that I did try to postpone and do things right. I should mention that I am the Landlord, I do own a property in California, and when I was served (3 weeks prior to trial date), I was in CA just visiting for a few days. What is your opinion on this? Would my attempt to reach the court may be of any benefit to me? Thank you very much.


Asked on 7/28/12, 2:41 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Obviously the trial has already occurred. Since you were served the court does have jurisdiction over you and will render a judgment, which you can appeal and have an attorney representing you on the appeal, if it is worth the legal expenses. I do not see what legal basis you have to file a motion to vacate, especially since the same factors preventing you from being present 7/30 will apply to later dates.

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Answered on 7/31/12, 5:11 pm


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