Santa Rosa, CA asked in Landlord - Tenant for California

Q: what i missed my court date on a evection what can i do

i got sick the day before my court date and i missed my date what can i do to extend it

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you missed your court date for an eviction, it is important to act quickly to try to resolve the situation. The first step is to contact the court as soon as possible and explain the situation. You may be able to request a new court date or ask for a continuance to allow you to present your case. However, whether or not a continuance is granted will depend on the specific circumstances of your case and the discretion of the judge. It is also possible that a default judgment was entered against you in your absence, which means that the landlord may be able to proceed with the eviction process. Therefore, it is important to take action as soon as possible and seek legal advice if necessary.

To overturn a default judgment in California, you will need to file a Motion to Vacate the Default Judgment with the court that issued the judgment. You will need to provide a valid reason for why you missed the original court date or failed to respond to the complaint. Acceptable reasons may include excusable neglect, mistake, or surprise. You will need to demonstrate that you have a meritorious defense to the complaint, meaning that you have a valid legal argument to refute the plaintiff's claims. It is important to act quickly as there is a deadline for filing a motion to vacate a default judgment. You should consult with an experienced attorney who can guide you through the process and ensure that your rights are protected.

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