Legal Question in Real Estate Law in California

Re: Plaintiff No Show

You didn't mention the nature of the "hearing" or whether the case is in Small Claims or Superior Court. This could make a difference.

In Superior Court, the first hearing (other than in an Unlawful Detainer or other summary proceeding) is usually a Case Management Conference, and they are usually held about five months after the case is first filed. Earlier hearings are sometimes scheduled, for example, if a party has requested a temporary restraining order or other prejudgment relief.

In Small Claims, the first appearance before the judge is usually the hearing (trial) itself. If the judge's only remark was that failure of the plaintiff to appear was a "bad habit" and he or she did not issue some further order, such as a dismissal, that would tell me the judge did not consider the FTA to be a ground for dismissal. I have looked at the Small Claims statutes (Code of Civil Procedure sections 116.540 and 116.570 in particular) and note that a plaintiff can ask for a postponement, and the judge can reschedule a hearing, but without further information I cannot say whether the postponement here was proper.

I would say, however, that showing up was not a waiver of a right to a dismissal. A defendant that fails to show up risks a judgment by default against the non-appearing defendant.