Victorville, CA asked in Civil Litigation for California

Q: I won a small claims case by default as the defendant didn’t show up. They then filed a motion to vacate on the basis

if she thought it was continued because of what the online portal said. She also says in her motion she was CERTAIN it had been continued. And yet, she didn’t call or actually verify with a court clerk. I thought it was continued too but when I called I got them after hours so I went up anyway because it’s court. How likely is the judge to grant the defendants motion and give her a second chance?

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: Unfortunately for you, very likely.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: How likely she will get a trial, very likely. Prepare to prove your case again, on the day the court grants her request. The result may not change.

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