Los Angeles, CA asked in Small Claims for California

Q: Can a plaintiff request another hearing in CA small claims after losing?

I was a defendant in a small claims court in California, and the judge ruled in my favor on January 7, 2025, stating that I do not owe the plaintiff any money. I have now received a form SC-108A indicating the plaintiff wants another hearing to change the judgment, arguing that their evidence was denied submission and the portal was closed. Can the plaintiff request another hearing under these circumstances?

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James L. Arrasmith
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Answered

A: Yes, in California small claims court, a plaintiff can request a new hearing by filing a Notice of Motion to Vacate Judgment (form SC-108 or SC-108A), but there are strict rules and deadlines. Since you won the case and the judgment was entered on January 7, 2025, the plaintiff usually has 30 days from the date the Notice of Entry of Judgment was mailed to file this request. If they missed the deadline, they must explain why and show good cause for the delay.

Claiming that the court portal was closed or that evidence was wrongfully excluded may qualify as a reason to request the judgment be vacated. However, the judge will review whether the plaintiff had a fair chance to present their case the first time. If the court believes the plaintiff had proper notice and opportunity, the request might be denied.

For now, you don’t need to panic. Keep a copy of the original judgment and review what the plaintiff filed in SC-108A. If the court sets a hearing, you’ll have the opportunity to respond and appear. It’s okay to feel frustrated, but this doesn’t mean the judgment will automatically change. Let the process unfold, and show up prepared if the court calls you back.

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