Skip to main content

As a plaintiff,I missed a court date set by up by a attorney whom has since quit. It was for a lawsuit regarding my property.

Hayward, CA |

the judge is talkiing about sanction's to me. If I don't show up will they just cancel it? Or will I be in any trouble?

+ Read More

Attorney answers 4


You'll be 'in trouble'.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.


I suggest you keep every court date. You should attend scheduling hearings. Don't assume the hearing will be cancelled. There may be negative legal consequences for failing to show up - and, even if you are not held in contempt of court or sanctions are not entered against you, failure to appear irritates the Judge and other court personnel. I would suggest that you actively search for a new attorney, attend the hearing, and ask the Judge for additional time to allow you to retain new counsel. Good luck.


My suggestion -- talk to a lawyer first to learn your options and show up. Cancel what? Sanctions can range from monetary to striking your pleadings and entering judgment against you.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


You need to appear at the Order to Show Cause hearing and explain why you failed to appear for the court date. If you don't show up, the court will likely sanction you money (perhaps anywhere from $250 to $1,000, payable to the court) and/or dismiss your lawsuit entirely.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.