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. 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. What is your opinion on this? Would my attempt to reach the court may be of any benefit to me? Thank you.

Asked on 7/28/12, 1:10 pm

1 Answer from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

You cannot be sued in the small claims court if you live out of state and especially if you live out of the country. But if you lived in the state when you were served with the complaint, then being out of the country now is only an issue relating to good grounds for continuing the trial. Good Luck.

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Answered on 7/28/12, 1:18 pm

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