§ 116.720.Motion to vacate; Procedure

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 7. Motion to Vacate, Appeal, and Related Matters · Last amended 1991 · Last verified July 28, 2026

In one sentenceSection 116.720 lets a plaintiff who did not appear at the small claims hearing file a motion to vacate the judgment within 30 days after notice of entry of judgment is mailed, sets a hearing on that motion at least 10 days after notice, and lets the court hear the case immediately if it grants the motion and all parties are present and agree.

Full Text of § 116.720

Text sizeJump to: (a) (b) (c) (d)

(a) A plaintiff who did not appear at the hearing in the small claims court may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties.

(b) The clerk shall schedule the hearing on the motion to vacate for a date no earlier than 10 days after the clerk has mailed written notice of the date, time, and place of the hearing to the parties.

(c) Upon a showing of good cause, the small claims court may grant the motion. If the defendant is not present, the court shall hear the motion in the defendant’s absence.

(d) If the motion is granted, and if all parties are present and agree, the court may hear the case without rescheduling it. If the defendant is not present, the judge or clerk shall reschedule the case and give notice in accordance with Section 116.330.

Plain-English Summary

Section 116.720(a) gives a non-appearing plaintiff a path back into the case: file a motion to vacate the judgment with the small claims clerk, within 30 days after the clerk mailed notice of entry of judgment. Subdivision (b) requires the clerk to schedule a hearing on that motion no earlier than 10 days after mailing notice of the hearing’s date, time, and place to the parties.

Subdivision (c) applies the ordinary good-cause standard to the motion, and requires the court to hear it in the defendant’s absence if the defendant does not appear. If the motion is granted, subdivision (d) lets the court hear the underlying case right away when all parties are present and agree, or reschedule it with notice under § 116.330 if the defendant is not there.

Frequently Asked Questions

How long does a plaintiff have to move to vacate a small claims judgment for not appearing?

Section 116.720(a) sets a 30-day deadline after the clerk mails notice of entry of judgment.

When will the court hear a plaintiff’s motion to vacate?

Section 116.720(b) requires the clerk to schedule the hearing no earlier than 10 days after mailing notice of it to the parties.

If the motion to vacate is granted, does the case get heard right away?

Section 116.720(d) allows the court to hear the case immediately if all parties are present and agree, and requires rescheduling with notice under § 116.330 if the defendant is not present.

Amendment History

Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 20 (SB 771).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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