Don't forget this is in effect in California when you prepare your motion and submit to the judge :
CCP § 581.5
In a case involving consumer debt, as defined in Section 1788.2 of the Civil Code , and as regulated under Title 1.6C.5 (commencing with Section 1788.50 ) of Part 4 of Division 3 of the Civil Code, if the defendant debtor appears for trial on the scheduled trial date, and the plaintiff debt buyer either fails to appear or is not prepared to proceed to trial, and the court does not find a good cause for continuance, the court may, in its discretion, dismiss the action with or without prejudice. Notwithstanding any other law, in this instance, the court may award the defendant debtor's costs of preparing for trial, including, but not limited to, lost wages and transportation expenses.
"California legislation provides that if a consumer appears for trial, and the debt buyer either fails to appear or is unprepared for trial, the court may dismiss the action. In that case, the court may award the debtor’s costs of preparing for trial, including lost wages and transportation expenses."
I guess you could try a motion to vacate, but there are usually specific reasons for a court to grant such a motion. I’m not sure this is one of them.
You might try contacting some consumer attorneys and get their opinions. They might be able to give you some guidance on the proper motion to file. Some attorneys are nice enough to give a little information over the phone at no cost. Here’s the link to the “Find an Attorney” page of the National Association of Consumer Advocates.
My JAMS arbitration case is going to be closed soon due to non-payment from the jdb and I’m unsure about what subsequent motion to file with the court. Is it a motion for sanctions asking for a dismissal with prejudice? Does anyone have a template they can share? I’m in California. Thanks!