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What does a plaintiff do if not provided with postponement of small claims trial request and postponement was granted?

Paso Robles, CA |

Went to scheduled SC trial on Nov 4 but we were not on calendar. Court clerk said notice of postponement went out October 30. We did not get the notice in the mail until after the hearing. The defendant did not provide us with a postponement request no less than ten days before the hearing or at all for that matter. They perjured in the last court appearance and got it extended until November 4th then got the date postponed until February without notice to us the plaintiffs. How do I get proof of perjury to the judge?Should I look at the file and see if they filed a written request for the postponement? What alternatives for ex parte in small claims?Defendant owes relocation benefits because their rental unit was condemned in June and they sold it in August and left the area . Thank You.

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Attorney answers 1


There is no ex parte procedure in small claims court. Most likely, the court will not do anything about the suspected perjury or the continuance issue at all. You can bring it up at the small claims hearing in February. But you will have to wait until then.

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