Legal Question in Credit and Debt Law in California
Plantiff failed to appear in court on trail date
I received court summons to respond to law suit. Responded and denied liability. Appeared in court as directed for what was called a Status Conference. Plantiff did not appear. Court clerk informed me that case was dismissed due to plantiffs failure to appear. Clerk stated that I would receive a letter stating the dismissal. Court appearance was 4/21/023. No letter yet. Plantiff sent form 5/29/03 indicating Case Management Conference, same case. Nothing with court stamp. What can I do? Can I file suit for money spent and Plantiff conduct?
2 Answers from Attorneys
Re: Plantiff failed to appear in court on trail date
You should check to see if the case was dismissed "with prejudice," that is that the plaintiff cannot refile and start all over again. If so, check the file to see if the plaintiff has motioned for relief from the failure to appear and had the case reinstated and the order of dismissal vacated. You should have gotten notice of any such motion, but sometimes notices do not arrive. Check it out. If, in fact, the case has been dismissed with prejudice and no attempt has or is being made to get relief, you can submit a cost bill, and request a judgment for costs.
Re: Plantiff failed to appear in court on trail date
If the case was dismissed, the Plaintiff would have to move to vacate the dismissal. Plaintiff can do so anytime within six months after it was dismissed. Call the court to be sure the case is not reinstated or that they did not neglect to dismiss it. It sounds like the plaintiff sent this to the court and to you, but the case was already dismissed. In such case, you have nothing to worry about.
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