California  |  Landlord & Tenant Law

Legal Question

Asked on: 9/26/12, 10:26 am

I sued my former landlord for unreturned security deposit. After receiving a default judgment in small claims court because the defendant (properly served) did not appear, and after waiting 30 days, I filed an Order to Produce Statement of Assets and to Appear for Examination and was given a hearing date. At the time of filing, I wasn't aware that the defendant had filed a Motion to Vacate Judgment on the last possible day. I received the Motion to Vacate in the mail several days later. What should I do now about the Order to Produce Statement of Assets and to Appear for Examination? Leave that hearing on the court calendar and let the defendant deal with postponing it (it's scheduled before the hearing for the Motion to Vacate), or tell the court myself?

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