Are there are any legitimate reasons a court might grant a motion to vacate a judgment if the Defendant DID appear at the small claims hearing?

Ask to cancel (vacate) the judge's decision | California Courts | Self Help Guide

Before you start Either side that missed the court date, the plaintiff or defendant, can ask for a new court date. To get a new court date:
selfhelp.courts.ca.gov selfhelp.courts.ca.gov

Specifically: "This form and process are not for you if you went to court and lost the case."

Are you the defendant? If yes, then you have the right to appeal, as described in the link I provided.

If you are the plaintiff, then you don't have a right to appeal if you lost the claim you filed. If you lost a counterclaim that the defendant filed, then you do have the right to appeal that loss.
 
legal.feline said:
Are there are any legitimate reasons a court might grant a motion to vacate a judgment if the Defendant DID appear at the small claims hearing?
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That depends on who's making the motion. California Code of Civil Procedure section 116.720 allows "[a] plaintiff who did not appear at the hearing in the small claims court [to] file [and the court to grant on a showing of good cause] a motion to vacate" a small claims judgment. Sections 116.730 and 116.740 allow a defendant to seek to have the judgment vacated if, for good cause (including, specifically, the lack of proper service), he/she didn't appear at the hearing. However, there is no provision in the Small Claims Act that allows a motion to vacate if the moving party appeared at the hearing.

If, as a defendant, you appeared and lost, your recourse is to appeal, not seek to have the judgment vacated.


legal.feline said:
the judge had granted me accommodation requests I had made months before the hearing but then didn't actually give the accommodations at the hearing. How can I search for the specific rule this violates?
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There isn't one. Unless you provide specific facts, all anyone can tell you is that the granting of accommodations is at the discretion of the judge.
 
Are there are any legitimate reasons a court might grant a motion to vacate a judgment if the Defendant DID appear at the small claims hearing?
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Are you the plaintiff or defendant?

Did you fail to appear or did the other party fail to appear?

If you failed to appear, why did you fail to appear?

Details count, and you have provided none.
 
legal.feline said:
Also, the judge had granted me accommodation requests I had made months before the hearing but then didn't actually give the accommodations at the hearing. How can I search for the specific rule this violates?
Click to expand...

Before you start

Either side that missed the court date, the plaintiff or defendant, can ask for a new court date.
To get a new court date:
  • You must have a good reason for missing your court date, like a serious emergency, or that you were never given the court forms.
  • Ask for a new court date within 30 days from when the judge's decision was mailed to you.
If you weren't properly served the Plaintiff's Claim, you have more time to ask to vacate the judgment. Learn more

This form and process are not for you if you went to court and lost the case.


If you were sued in a small claims case and the judge decided you owe money, you can challenge that decision by filing an appeal. You must file an appeal within 30 days from when the judge's decision (the Notice of Entry of Judgment (form SC-130 or SC-200)) was handed or mailed to you.

How to ask to cancel the judge's decision

  • Fill out the Notice

    • Fill out a Notice of Motion to Vacate Judgment and Declaration (form SC-135)
    This form lets the court and other side know that you are asking the judge to cancel what they decided at the court hearing you missed.

  • Make copies

    Make 2 copies of the Notice.

  • File the Notice and pay the filing fee

    • Give the original and the 2 copies to the court clerk
    • Pay a $20 filing fee
    If you can't afford the fee, you can ask for a fee waiver.
    The clerk will give you a court date and mail a copy of the form with the court date to the other side.

  • Go to your new court date

    At your court date, the judge will decide if they will cancel the judgment. You will need to tell the judge why you didn't go to the court date.
    If the judge agrees to cancel the decision, you may have a new trial that day or on another day.



  • Ask to cancel (vacate) the judge's decision | California Courts | Self Help Guide

  • Post-trial | Motion to Vacate Judgment for California State Superior Court

  • How to Vacate a Judgment in California

  • 2024 California Rules of Court

    Rule 3.1602. Hearing of motion to vacate judgment

    A motion to vacate judgment under Code of Civil Procedure section 663 must be heard and determined by the judge who presided at the trial; provided, however, that in case of the inability or death of such judge or if at the time noticed for the hearing thereon he is absent from the county where the trial was had, the motion may be heard and determined by another judge of the same court.

    Rule 3.1602 amended and renumbered effective January 1, 2007; adopted as rule 236 effective January 1, 1949.

  • What Is a Motion to Vacate Judgment?

    A motion to vacate a judgment, or petition to vacate judgment, is a specific request made by one of the parties to a lawsuit or other legal proceeding to a court to withdraw a judgment or order that the court previously entered. Generally, a motion to vacate judgment may be granted to a party to a lawsuit who can show that they did not have a proper chance to present their side of the case in the action. Such motions may be common in major family law cases, such as those involving divorce, child custody/visitation, and other issues.

    Motions to vacate may also be used if a default judgement has been entered in a lawsuit. A default judgment is entered when the person who has been sued never answers the complaint and never appears in court in connection with the lawsuit. Sometimes, it might happen that a person who has been sued does not receive notice of the lawsuit, so was not aware of the proceedings. Trying to vacate a default judgment if a person can show that they were never served in the action has a good chance of success.

    A motion to vacate must be filed within a reasonable time after the judgment was issued. Depending on the legal issue involved, filing a motion to vacate could be allowed from 30 days to 1 year after the date the judgment was entered. A person would want to check with a lawyer to ensure that their filing of the motion will be considered within the applicable time limit.

    Or, if a person wants to proceed on their own, they need to check the rules of the court which entered the judgment to see what they say about time limits for filing a motion to vacate. And then, the person wants to proceed as the rules direct. A person should never expect a court to make exceptions in their case.

    In addition to being filed within the applicable time limit, a motion to vacate judgment must be based on a valid legal reason. If the motion is filed and the court considers it to be "frivolous", they might dismiss the motion and order the person to pay the costs and fees incurred by the other party in responding to the motion.


  • When Can a Motion to Vacate Judgment Be Granted?

    Probably the most common situation in which an order vacating judgment can be granted is when the person or party did not receive the legally required notice regarding the lawsuit or other legal action, e.g. a motion for a restraining order, when the lawsuit or action was begun.

    When a person initiates any kind of legal action against another person, they are required to give the other person notice of the action and a copy of the legal documents involved. This is called "service of process" in legal terminology. If a person can show that they never received service of process, they have a good chance of vacating a judgment in the lawsuit in which they were sued.

    After serving a person who has been sued, the person who served the notice must file an affidavit of service with the court, in which the server provides a description of the person served, the date and time at which service was made, and the contact information of the process server themselves, i.e., their name, address, and phone number. The affidavit must also include a statement to the effect that the server is legally authorized to perform service of process in the state in question.

    In some states, a person can be served by certified mail, restricted delivery. In the case of service of process by certified mail, the green certified mail receipt is returned to the court and is the proof of service.

    The affidavit of service of process is an important legal document. If it is on file with the court, and it provides an accurate description of the person served that matches the appearance of the person who was sued and against whom judgment was entered by the court, the court is not likely to vacate the judgment. The court would reject the argument that the person against whom judgement was entered was never served with process.

    On the other hand, if the person against whom judgement was entered can convincingly show that they were never served with process, then they have a chance of getting any judgement against them vacated.

    Other reasons for which a judgement can be vacated depend on the law of the state in which the motion is filed. Some of the situations in which a motion to vacate judgment might be successful in most states include:
    • Clerical Mistakes: A judgement is a written document so it it contains oversights, omissions, or mistakes of some kind, it might need to be vacated and corrected;
    • Erroneous Proceedings: The person against whom judgment was entered might show that the legal proceedings leading to the judgment were against a minor or other person deemed to be of unsound mind and who cannot, therefore, be sued;
    • Newly Discovered Evidence: The person against whom judgment was entered would need to show that some significant evidence has just been newly discovered. Further, they would have to show that the evidence could not have been discovered in time to make a motion for a new trial before the judgment was entered;
    • Fraud, misrepresentation or other misconduct: If the person against whom judgment was entered can show that the other party engaged in fraud, misrepresentation or other misconduct of some kind in the course of the proceeding leading up to the judgment, the judgment could be vacated;
    • Void or Satisfied: If a judgment has already been voided for some reasons or has already been satisfied, i.e. paid, if it called for the payment of money, it might be vacated;
    • Death of a Party: One of the parties may have passed away before judgment could be completed;
    • Other Reasons: Any other reason that might justify a relief from the judgment could be claimed.
    The law in each state provides the rule and guidelines regarding motions to vacate in that state. Also, details may vary depending on the case. For example, the criteria may be different for motions in family law matters, such as a spousal support case as compared to a child support case. They might be different again in a debt collection case where a person wants to vacate a judgment of debt owed.


  • Motion to Vacate Judgment


 
legal.feline said:
Also, the judge had granted me accommodation requests I had made months before the hearing but then didn't actually give the accommodations at the hearing. How can I search for the specific rule this violates?
Click to expand...

Typically what you would want to do when accommodations were granted months ahead of time is contact the court clerk shortly before the hearing to confirm those accommodations will be available. If you didn't do that, did you raise the issue with the judge at the start of the hearing?

If you were the defendant then you have the right to appeal the court's decision. In CA an appeal from small claims court is a new trial and nothing from the original small claims case matters. You'd still need to bring whatever evidence and witnesses you have to present your case and rebut the plaintiff's claims. If you need accommodations make sure you request it early and also that shortly before the hearing you confirm that any granted accommodation will in fact be available for you.
 

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