Legal Question in Consumer Law in California

I had filed a case in small claims, the court date was Nov. defendant requested a postponement until Jan. Ive put my all into getting all the info together etc and was waiting patiently for the Jan. date. I went to court today. my name wasnt on the list and was told the case was dismissed because it was 8 days ago. I cannot believe it, i got confused and was looking at the wrong paper for the day. I went to the clerks counter and asked what can i do. She said i could try to refile, serve, etc... Does this happen often? Is there anything i should or could do to remedy this? Im owed $3000, im numb. please any suggestions would be appreciated.


Asked on 1/15/20, 12:48 pm

1 Answer from Attorneys

The court doesn't care that you looked at the wrong paper for the day. They have hundreds of cases, thousands if you count criminal cases. They need to keep cases moving and one of the reason lawyers get paid is they know how to figure out all the deadlines and key dates and make sure they don't miss any.

Also the defendant has a right to have their day in court on the day the court sets. In a more formal case, if the plaintiff no-shows they might have their case thrown out with no opportunity to refile, unless they got hit by a car or there was a natural disaster.

Count yourself fortunate that it appears your case was dismissed "without prejudice," which is legal-speak for you get a "do-over." Take it. Refile, re-serve, and this time make damned sure you understand your dates and deadlines.

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Answered on 1/16/20, 10:19 pm


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