Q: Can I get a default judgment if the other party doesn't sign up for mediation?
This is a small claims case. it was scheduled for nov 21st. The defendant filed to change the date and it is now scheduled for Dec 19th. The paperwork says he had 5 days to sign up for mediation. 5 days would be today and he has not signed up yet. Can I get a default judgment for him not complying and signing up?
A: Under California law, a default judgment in small claims court is typically issued when a defendant fails to appear for the hearing. If the court order or paperwork specifically required the defendant to sign up for mediation within a set period and they did not comply, you might have grounds to request some action from the court. However, this action might not necessarily be a default judgment. Before taking any steps, review the specific court instructions and any relevant local rules. If the defendant's non-compliance with the mediation requirement is clear, you can bring it to the court's attention. In such situations, it's advisable to consult with an attorney or legal self-help resource to understand the best course of action and potential outcomes. Always ensure you follow proper procedures when addressing issues in small claims court.
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