I am on a fixed income, the axle broke on my car forcing me to have to pay more than I could afford and I cannot afford a process server until early next month. My hearing is tomorrow, I have spent hours upon hours upon hours in preparing my documents and I cannot afford for my motion to be dismissed. Can I ask the court for a continuance at this point? This motion is to set aside the dismissal. Please help, I have been unable to get a live person on the phone at the clerks office. What can I do?
Excellent response my Michael Daymude.
I agree and have nothing to add. Follow his advice.
If you have not served your motion, it is likely it will be dismissed. There is insufficient time to provide the required notice (16 court days).
In most cases, a process server is not required to serve a motion to set aside a judgment of dismissal: service by mail is sufficient.
If you still have time, your remedy is to continue the hearing to a date that will provide appropriate notice or re-file. You might be able to do this online, although you might have to pay a fee for the continuance.
A dismissal on technical grounds (for failure to timely serve) should be without prejudice.
Our system of justice is. based on due process which requires nortice and opportunity to be heard. See CCP sec. 1005. Since you haven't served your moving papers on the other side, the court can drop the matter or continue it based on failure to serve. B
Be sure to check the local court rules and the court's T"entative Rulings." Be sure to call the court by the time specified to advise the court of of your intent to appear tat the hearing to request additional time for service..
Due to the coronavirus, your matter is likely to be continued. The Riverside Superior Court is currently closed for almost all matters through April 3.
Please visit the Court's website at https://www.riverside.courts.ca.gov
