Motion to Vacate

[samh]

My question involves business law in the state of: california

Recently, I, the plaintiff won my small claim court trial. The defendant did not show for the trial.
I received a letter from the court with his motion to vacate judgement and the day I must appear for this hearing motion to vacate judgement.

His reason for not appearing for the original date is that; he claims the court received a request he made to postpone the trial and he further stated they told him there was a new court date. So he didn't attend. However, on the court record it only shows his request (which he also sent me a copy) was received 3 days prior (you must file 10 days before the trial) to the trial and there was no date given. I had called the court clerk's office the day before the trial checking to see if the trial date had changed and it hadn't. I was also told, that unless you get a change of date by mail you must attend the original date of the trial.

Do you think there is anyway his motion to vacate judgement could be granted? What would be good cause for a judge to vacate?

[Mr. Knowitall]

If the court requires a filing to be made ten days before the hearing, and the filing for an adjournment was not timely, in my opinion the court should enforce the original trial date. But in small claims court, lots of wacky things can happen.

[samh]

Thanks for the reply. Yes, it appears that by going by the letter of the law, he doesn't have a leg to stand on.