(a) A defendant 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.
§ 116.730.Defendant’s right to file 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 116.730 lets a defendant who did not appear at the hearing file a motion to vacate the judgment within 30 days after notice of entry of judgment, requires the defendant to appear at the motion hearing or submit written justification, and lets the defendant appeal only the denial of that motion within 10 days if it is denied.
Full Text of § 116.730
(b) The defendant shall appear at any hearing on the motion, or submit written justification for not appearing together with a declaration in support of the motion.
(c) Upon a showing of good cause, the court may grant the motion to vacate the judgment. If the plaintiff is not present, the court shall hear the motion in the plaintiff’s absence.
(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 file 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.
(f) If the superior court determines that the defendant’s motion to vacate the judgment should have been granted, the superior court may hear the claims of all parties without rescheduling the matter, provided that all parties are present and the defendant has previously complied with this article, or may order the case transferred to the small claims court for a hearing.
Plain-English Summary
Section 116.730(a) gives a non-appearing defendant the same kind of relief § 116.720 gives a non-appearing plaintiff: a motion to vacate the judgment, filed with the clerk within 30 days after notice of entry of judgment is mailed. Subdivision (b) requires the defendant to either appear at the hearing on that motion or submit written justification for not appearing, along with a supporting declaration.
Subdivision (c) applies the good-cause standard, hearing the motion in the plaintiff’s absence if the plaintiff does not appear. If granted, subdivision (d) lets the court hear the case immediately when all parties are present and agree, or reschedule with notice under § 116.330 otherwise.
Subdivision (e) is where this section diverges from a simple do-over: if the motion is denied, the defendant’s only appeal right is from that denial, and the notice of appeal must be filed within 10 days after the small claims court mails or delivers notice of the denial. Subdivision (f) then lets the superior court, if it finds the motion should have been granted, either hear all the claims itself (if the parties are present and the defendant already complied with this article) or send the case back to small claims court for a hearing.
Frequently Asked Questions
How long does a defendant have to move to vacate a small claims judgment for not appearing?
Section 116.730(a) sets a 30-day deadline after notice of entry of judgment is mailed.
Does the defendant have to show up for the motion to vacate hearing?
Section 116.730(b) requires the defendant to appear at that hearing, or submit written justification for not appearing along with a supporting declaration.
Can I appeal if my motion to vacate is denied?
Yes, but only the denial. Section 116.730(e) lets a defendant appeal solely the denial of the motion to vacate, with a notice of appeal due within 10 days after the court mails or delivers notice of that denial.
What happens on appeal if the superior court thinks the motion to vacate should have been granted?
Section 116.730(f) lets the superior court hear all the claims itself, if the parties are present and the defendant already complied with this article, or send the case back to the small claims court for a hearing.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 21 (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
Also known as: defendant didn’t show up to small claims court californiamotion to vacate default judgment small claims