Q: The defendant lost a small claims appeal and has now filed a SC-105. Can he do this after not showing up in court?
The defendant lost a small claims action then filed an appeal. He did not show up in court for the appeal. He has now filed a Request for answer and court order stating he had back problems and was taking pain medication and forgot about the court hearing. He doesn't attach any medical proof. Is there any law preventing him from dragging this out any longer.
A:
Under California law, a party who fails to appear for a small claims hearing can file a Motion to Vacate the judgment within 30 days of the entry of the judgment. This is established in California Code of Civil Procedure Section 116.720, which provides that a party may file a Motion to Vacate a judgment if they were "prevented by mistake, inadvertence, surprise, or excusable neglect from appearing."
If the Motion to Vacate is granted, the case will be reset for trial, and the party who filed the Motion to Vacate will have the opportunity to present their case. However, the party must provide evidence to support their claim of excusable neglect, such as medical records or other documentation that shows they were unable to attend the hearing due to circumstances beyond their control.
If the Motion to Vacate is not granted, the judgment will remain in effect, and the party who filed the Motion to Vacate may have limited options for further appeal.
It's worth noting that the fact that the defendant did not show up for the appeal hearing does not necessarily mean that they are barred from seeking further relief. However, they will need to provide a valid reason for their failure to appear, and may need to provide evidence to support their claim of excusable neglect.
If you have questions or concerns about the defendant's actions, it's important to consult with an attorney who can provide you with legal advice based on the specific details of your case.
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