Code Civ. Proc., § 116.740 · Article 7. Motion to Vacate, Appeal, and Related Matters
Code Civ. Proc., § 116.740
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 1991, Ch. 915, Sec. 22.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=116.740.
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- sha256 8fd344eb55c3ecd2859aa6eb64da983c6c08aef34cadc809c6948d7207b9d9d0
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