116.330. Â
(a)Â When a claim is filed, the clerk shall schedule the case for hearing and shall issue an order directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense. The case shall be scheduled for hearing no earlier than 20 days but not more than 70 days from the date of the order.
(b)Â In lieu of the method of setting the case for hearing described in subdivision (a), at the time a claim is filed the clerk may do
all of the following:
(1)Â Cause a copy of the claim to be mailed to the defendant by any form of mail providing for a return receipt.
(2)Â On receipt of proof that the claim was served as provided in paragraph (1), issue an order scheduling the case for hearing in accordance with subdivision (a) and directing the parties to appear at the time set for the hearing with witnesses and documents to prove their claim or defense.
(3)Â Cause a copy of the order setting the case for hearing and directing the parties to appear, to be served upon the parties by any form of mail providing for a return receipt.
The trial of this action will be rescheduled and the clerk is instructed to provide notice of the new trial date pursuant to section 116.330. Code Civ. Proc., § 116.720(d).
WINDHAM VS BELTRAN
37-2018-00017156-SC-SC-CTL
Sep 05, 2019
San Diego County, CA
Other
Small Claims
The clerk will thereafter reschedule the case and given notice in accordance with CCP section 116.330.
FUENTES V. ASPIRE GENERAL INSURANCE COMPANY
MSC-187888
Jan 16, 2019
Sonoma County, CA
CCP section 116.740 provides, in pertinent part: (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant&.
23PDSC00944
Jan 19, 2024
Los Angeles County, CA
Discussion CCP section 116.740 provides that: (a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant.
MONTES, MICHAEL VS RATTAN JOEA
15S01469
Dec 19, 2017
Elaine Lu or Yolanda Orozco
Los Angeles County, CA
Other
Small Claims
If the plaintiff is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330. (e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall filed the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment.
SHERI BURGOYNE V. SANTA BARBARA SINGLES
18CV03693
Jan 08, 2019
Santa Barbara County, CA
Nov 21, 2012
Non-Jury Verdict
Kern County
Kern County, CA
Dec 12, 2011
Dismissal
Kern County
Kern County, CA
Section 116.320.
Section 116.340.
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