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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) If the defendant was not properly served as required by Section 116.330 or 116.340 and did not appear at the hearing in the small claims court, the defendant may file a motion to vacate the judgment with the clerk of the small claims court. The motion shall be accompanied by a supporting declaration, and shall be filed within 180 days after the defendant discovers or should have discovered that judgment was entered against the defendant.
(b) The court may order that the enforcement of the judgment shall be suspended pending a hearing and determination of the motion to vacate the judgment.
(c) Upon a showing of good cause, the court may grant the motion to vacate the judgment.If the plaintiff is not present, the court shall hear the motion in the plaintiff's absence.
(d) Subdivisions (d), (e), and (f) of Section 116.730 apply to any motion to vacate a judgment.
Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP § 116.740 - last updated January 01, 2023 | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-116-740/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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