§ 116.570.Postponement of hearing

Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 5. Hearing · Last amended 2002 · Last verified July 28, 2026

In one sentenceSection 116.570 lets any party request a hearing postponement for good cause, guarantees a defendant guarantor one automatic 30-day postponement without a hearing, requires the court to postpone at least 15 days when service was not timely completed and the defendant did not appear or request postponement, and charges a $10 fee for a postponement request filed after timely service.

Full Text of § 116.570

Text sizeJump to: (a) (b) (c) (d)

(a) Any party may submit a written request to postpone a hearing date for good cause.

(1) The written request may be made either by letter or on a form adopted or approved by the Judicial Council.

(2) The request shall be filed at least 10 days before the hearing date, unless the court determines that the requesting party has good cause to file the request at a later date.

(3) On the date of making the written request, the requesting party shall mail or personally deliver a copy to each of the other parties to the action.

(4)

(A) If the court finds that the interests of justice would be served by postponing the hearing, the court shall postpone the hearing, and shall notify all parties by mail of the new hearing date, time, and place.

(B) On one occasion, upon the written request of a defendant guarantor, the court shall postpone the hearing for at least 30 days, and the court shall take this action without a hearing. This subparagraph does not limit the discretion of the court to grant additional postponements under subparagraph (A).

(5) The court shall provide a prompt response by mail to any person making a written request for postponement of a hearing date under this subdivision.

(b) If service of the claim and order upon the defendant is not completed within the number of days before the hearing date required by subdivision (b) of Section 116.340, and the defendant has not personally appeared and has not requested a postponement, the court shall postpone the hearing for at least 15 days. If a postponement is ordered under this subdivision, the clerk shall promptly notify all parties by mail of the new hearing date, time, and place.

(c) This section does not limit the inherent power of the court to order postponements of hearings in appropriate circumstances.

(d) A fee of ten dollars ($10) shall be charged and collected for the filing of a request for postponement and rescheduling of a hearing date after timely service pursuant to subdivision (b) of Section 116.340 has been made upon the defendant.

End

Plain-English Summary

Section 116.570(a) sets out the general postponement process: any party can submit a written request, by letter or on a Judicial Council form, for good cause, filed at least 10 days before the hearing unless the court finds good cause for a later filing, with a copy mailed or delivered to the other parties the same day. If the court finds the interests of justice would be served, it must postpone the hearing and mail the new date to everyone.

Subdivision (a)(4)(B) singles out defendant guarantors for special treatment: on one occasion, a written request from a defendant guarantor gets an automatic postponement of at least 30 days, granted without a hearing on the request itself — though the court still retains discretion to grant further postponements under the general good-cause standard.

Subdivision (b) covers a different scenario: if the defendant was not served within the lead time § 116.340(b) requires, and the defendant neither appeared nor requested a postponement, the court must postpone the hearing at least 15 days on its own and notify the parties by mail. Subdivision (c) preserves the court’s inherent power to grant other postponements, and subdivision (d) charges a $10 fee for a postponement request filed after the defendant was already timely served.

Frequently Asked Questions

Can I get my small claims hearing postponed in California?

Yes. Section 116.570(a) lets any party request a postponement for good cause, generally filed at least 10 days before the hearing, with the court postponing if the interests of justice would be served.

Does a guarantor get an automatic postponement?

Yes, once. Section 116.570(a)(4)(B) requires the court to grant a defendant guarantor’s written request for a postponement of at least 30 days on one occasion, without a hearing on that request.

What if I wasn’t served in time and missed my hearing?

Section 116.570(b) requires the court to postpone the hearing at least 15 days, on its own, if the defendant was not timely served under § 116.340(b) and did not appear or request a postponement.

Is there a fee to request a small claims postponement?

Section 116.570(d) charges a $10 fee for filing a postponement request after the defendant has already been timely served under § 116.340(b).

Amendment History

Added Stats 1991 ch 915 § 18 (SB 771). Amended Stats 1992 ch 696 § 5 (AB 1344), effective September 14, 1992; Stats 1994 ch 587 § 2 (AB 3600); Stats 1996 ch 1159 § 5 (AB 3471); Stats 1998 ch 240 § 3 (AB 771); Stats 2002 ch 806 § 5 (AB 3027).

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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