Legal Question in Civil Litigation in California

Dismissal Rules

In Small claims, does a Plaintiff have to show up for the first schedualed hearing date if he has not served the Defendant and has timely filed a Request for Reset ? If not, and the Def. did not show, what justifications for Dismissal would the Court have ?

P.S. Thanks for a great site.


Asked on 4/02/98, 2:58 am

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

If SC plaintiff doesn't show, dismissal!

If the plaintiff doesn't show up at the hearing, the case is -- at least in Mass. -- dismissed. So be sure that the requested continuance has been been acted upon. Check with your clerk. Read the instructions on the back of your complaint!

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Answered on 4/17/98, 1:16 pm


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