[urgent] Two question: dismiss the case & defendant not appeared at court

[xiuxiuamber]

What is the name of your state (only U.S. law)? CA

I have two questions:

1. Is it California law that if a plaintiff does not appear at court while defendants do, the judge will not hear the stands and evidence from the defendants' side and simply dismiss the case? What if after three days, the plaintiff files the same claims court case again because the last one is dismissed? What if the plaintiff repetitively does this to "punish" the defendants?

2. If there are five defendants in one small claims court case, four appear at court while one can not appear and can not find anyone to represent him at court, what will be consequence to him if the defendants party win, or if lose? So specifically, I am asking, when a judgement for a small claims court case is made, will the judgement be different for each defendant?

 

[Zigner]

What is the name of your state (only U.S. law)? CA

I have two questions:

1. Is it California law that if a plaintiff does not appear at court while defendants do, the judge will not hear the stands and evidence from the defendants' side and simply dismiss the case? What if after three days, the plaintiff files the same claims court case again because the last one is dismissed? What if the plaintiff repetitively does this to "punish" the defendants?

Maybe, but it's case-specific and can't be answered in a general way.

2. If there are five defendants in one small claims court case, four appear at court while one can not appear and can not find anyone to represent him at court, what will be consequence to him if the defendants party win, or if lose? So specifically, I am asking, when a judgement for a small claims court case is made, will the judgement be different for each defendant?

An attorney cannot represent you in small claims court.


Why don't you give specifics instead of generalities that are shaped in such a way as to (attempt to) elicit the responses you want to hear?

 

[xiuxiuamber]

Reply

Maybe, but it's case-specific and can't be answered in a general way.

An attorney cannot represent you in small claims court.


Why don't you give specifics instead of generalities that are shaped in such a way as to (attempt to) elicit the responses you want to hear?

Thanks for the reply.
For the second question, as far as I know, four other defendants will appear at court. But my visa will be expired by the hearing date, so I will not be able to be in the U.S. to represent myself. Out of ignorance, I, at first, authorized another defendant to represent two of us at court because our interest and situation are pretty much the same, and we filed the defendant's claim against the plaintiff together. But today I learnt that I can not have anyone involved in this case to represent me at court, and at this point, I can not find anyone to represent me at court and my flight is in two-day. That is why I am asking if I do not postpone my flight and do not appear at court, will the judgement be against me individually even if our defendants' party win? Is it specific enough?

 

[Ohiogal]

Thanks for the reply.
For the second question, as far as I know, four other defendants will appear at court. But my visa will be expired by the hearing date, so I will not be able to be in the U.S. to represent myself. Out of ignorance, I, at first, authorized another defendant to represent two of us at court because our interest and situation are pretty much the same, and we filed the defendant's claim against the plaintiff together. But today I learnt that I can not have anyone involved in this case to represent me at court, and at this point, I can not find anyone to represent me at court and my flight is in two-day. That is why I am asking if I do not postpone my flight and do not appear at court, will the judgement be against me individually even if our defendants' party win? Is it specific enough?

You can not have anyone appear for you and if you do not appear a default judgment can be awarded against you.

 

[xiuxiuamber]

reply

You can not have anyone appear for you and if you do not appear a default judgment can be awarded against you.

A judgement against me as well as the other four? Or me individually?

 

[Zigner]

Thanks for the reply.
For the second question, as far as I know, four other defendants will appear at court. But my visa will be expired by the hearing date, so I will not be able to be in the U.S. to represent myself. Out of ignorance, I, at first, authorized another defendant to represent two of us at court because our interest and situation are pretty much the same, and we filed the defendant's claim against the plaintiff together. But today I learnt that I can not have anyone involved in this case to represent me at court, and at this point, I can not find anyone to represent me at court and my flight is in two-day. That is why I am asking if I do not postpone my flight and do not appear at court, will the judgement be against me individually even if our defendants' party win? Is it specific enough?

It is specific enough to answer only with "it depends."