Set Aside Hearing Outcomes

Ask Your Question For Free

Summary

If a party doesnt show up at a set aside hearing in California, the court may proceed and potentially rule in favor of the present party, grant the motion by default, or dismiss the case. Dismissal means the court closes the case without a final decision. If dismissed without prejudice, you can generally refile. Consult a local attorney for specific advice.

Full Conversation

California, the case has already been postponed once before
In California, if a party doesn't show up at a set aside hearing:
- The court may proceed and potentially rule in favor of the present party.
- The judge might grant the motion by default.
- The case can be dismissed or further postponed.

Please consult with a local attorney for specific advice.
What do you mean by the case being dismissed? That the motion was denied or the original judgement that is requested to be set aside is dismissed?
When we say the case is 'dismissed', it means the court closes the case without a final decision on the matter. It doesn't mean the motion was denied or the original judgment set aside. It just ends the current legal proceedings.
If it's dismissed can you refile?
Yes, in California, if a case is dismissed without prejudice, you can generally refile it. However, you should consult with an attorney to understand specifics related to your situation.