Legal Question in Civil Litigation in California
On January 8, 2013, in a small claims case in the Superior Court of California, County of San Francisco with me being the Plaintiff, a notice of judgment was entered in my favor. I was present at the court hearing. The Defendant who did her best to evade and was finally served after a total of 37 attempts by three process serving services which took seven months, did not appear at the court hearing.
On February 14, 2013, the Defendant filed a motion with the court to vacate the judgment that was entered in my favor. All that the Defendant stated in her motion as the reasons for her request are as follows:
"My car battery was dead, I came to court late. After having my car jumpstarted, the court was already over".
The court has set a hearing for early March. I appreciate getting clarification on the following questions:
1) Do I need to file a response to the Defendant's request to vacate the judgment? If yes, what forms I have to fell out?
2) The appeal period for the Defendant to raise objections, etc. to the judgment was 30 days after the judgment which ended on February 8, 2013. Can I use this as an argument to ask the court the dismiss the request to vacate the judgment?
3) Are the reasons the Defendant stated for the court to vacate the judgment valid? To me, they look ridicules!
4) Are there any other arguments I should use to have the court dismiss the case?
5) The Defendant is financially doing well and makes over $150,000.00 a year, has a Lexus, and stocks. If she offers me a monthly payment plan, can I refuse the plan and ask for lump sum payment of my debt and costs which is about $7,000.00 ?
1 Answer from Attorneys
1. You do not "need" to, but you may want to. At the hearing, the small claims judge will hear the defendant's request (called a "motion.") If the judge grants her motion, the court can hold the original hearing, and you will have to present your case.
2. The defendant who does not appear at a small claims hearing may not appeal. (Code Civ. Proc., sect. 116.710, subd. (d).) From your post, it sounds that she has filed a motion to vacate (which is different than an appeal). The time limits to file a motion to vacate is 30 days after the clerk has mailed notice of entry of judgment. Assuming that she was entitled to a five (5) day extension because the notice of entry of judgment was served by mail, and an extension to February 13, 2013, because February 12, 2013 was a court holiday, her motion appears to be one day late.
3. It does not appear that she has set forth any mandatory grounds, such as invalid service.
4. Not that you have presented.
5. Small claims has a strange procedure whereby a judgment debtor can request to make installment payments. If you refuse and want lump sum, she could file a request to pay judgment in installments with the court, along with a financial statement. You would get a copy mailed to you by the court. At that point, you can oppose her request and the court may schedule a hearing.
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