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California Law (Last Updated: March 4, 2014) |
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Code of Civil Procedure - CCP |
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Part 1. OF COURTS OF JUSTICE |
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Title 1. ORGANIZATION AND JURISDICTION |
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Chapter 5.5. Small Claims Court |
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ARTICLE 5. Hearing |
Section 116.570.
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(a) Any party may submit a written request to postpone a hearing date for good cause.
(1) The written request may be made either by letter or on a form adopted or approved by the Judicial Council.
(2) The request shall be filed at least 10 days before the hearing date, unless the court determines that the requesting party has good cause to file the request at a later date.
(3) On the date of making the written request, the requesting party shall mail or personally deliver a copy to each of the other parties to the action.
(4) (A) If the court finds that the interests of justice would be served by postponing the hearing, the court shall postpone the hearing, and shall notify all parties by mail of the new hearing date, time, and place.
(B) On one occasion, upon the written request of a defendant guarantor, the court shall postpone the hearing for at least 30 days, and the court shall take this action without a hearing. This subparagraph does not limit the discretion of the court to grant additional postponements under subparagraph (A).
(5) The court shall provide a prompt response by mail to any person making a written request for postponement of a hearing date under this subdivision.
(b) If service of the claim and order upon the defendant is not completed within the number of days before the hearing date required by subdivision (b) of Section 116.340, and the defendant has not personally appeared and has not requested a postponement, the court shall postpone the hearing for at least 15 days. If a postponement is ordered under this subdivision, the clerk shall promptly notify all parties by mail of the new hearing date, time, and place.
(c) This section does not limit the inherent power of the court to order postponements of hearings in appropriate circumstances.
(d) A fee of ten dollars ($10) shall be charged and collected for the filing of a request for postponement and rescheduling of a hearing date after timely service pursuant to subdivision (b) of Section 116.340 has been made upon the defendant.