I filed suit in Alameda County small claims court in January 2018, to date and the plaintiff has postponed/requested 3 continuances to date. What are my options to try to force a hearing or can I file for summary judgement? I have not received notice of the continuances since the first one, but am waiting and watching on DomainWeb for updates.
You cannot file a summary judgment motion in Small Claims court. You may believe that the defendant in your case is just avoiding a hearing on the case, but he/she has probably provided a reason why he/she is not available on the hearing date set (i.e. medical treatment, travel out-of-state, etc.). If the court has already granted more than one continuance, it will probably not be willing to grant another one.
This answer is for general information purposes only and is not legal advice. No attorney-client relationship is intended or formed by the posting of this answer. Law Office of Lisa J. Espada * San Francisco, CA *
No. In California, there is no such thing as a motion for summary judgment under Code of Civil Procedure section 437c in small claims court.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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