What is the name of your state (only U.S. law)? California
We are the plaintiff's in a case with our landlord who did not return our security deposit or provide reconciliation. Long story short.
Defendant did not show to first trial in small claims and judgment was awarded to us. Defendant files a motion to vacate due to improper service. Small Claims court denied his motion. At this point the Plaintiff filed for Trial de novo and it moved to Civil court.
The judge did not mention or make a ruling on the "motion to vacate due to improper service" He went directly into hearing the case and we lost. My question is: wasn't the judge suppose to make a ruling on the motion to vacate before he decides to hear the entire case new. The case was never tried in small claims court to begin with because the defendant did not show and then drags out with appeals.
AND....as a Plaintiff do we have any recourse due to his neglect to rule on the Motion to Vacate ??
We are the plaintiff's in a case with our landlord who did not return our security deposit or provide reconciliation. Long story short.
Defendant did not show to first trial in small claims and judgment was awarded to us. Defendant files a motion to vacate due to improper service. Small Claims court denied his motion. At this point the Plaintiff filed for Trial de novo and it moved to Civil court.
The judge did not mention or make a ruling on the "motion to vacate due to improper service" He went directly into hearing the case and we lost. My question is: wasn't the judge suppose to make a ruling on the motion to vacate before he decides to hear the entire case new. The case was never tried in small claims court to begin with because the defendant did not show and then drags out with appeals.
AND....as a Plaintiff do we have any recourse due to his neglect to rule on the Motion to Vacate ??
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