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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39153
Experience:  Retired (mostly)
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I have a prove up hearing in two days in SF superior court.

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I have a prove up hearing in two days in SF superior court. I need to have it removed from the calendar. I went to the clerk filings but they were quite unsure of the process. I called defaults and they said I had to file a motion to a pleading but that sounds wrong since I don't believe it would require an actual motion, but just perhaps some form to request it to be removed from the calendar.

I need specific instructions to have it removed from the calendar (and I only have tomorrow if I need to go to the clerk with any papers), or, alternatively, what happens if I simply don't show up on thursday?


Whenever I want something taken off calendar, I call the judge's clerk (the clerk who sits in the judge's courtroom -- not the clerk at the civil case window) and say, "I'm [myname], attorney for [plaintiff]. There is a default hearing set for [time] tomorrow before judge [judge's name], and I need it taken off calender, because [reason, e.g., plaintiff is ill; defendant has proposed a settlement; I have a conflicting hearing unexpectedly ordered by judge somebody else, etc.]. And, the clerk says, "Okay," and that's the end of the matter.

It's always possible that because you're not a lawyer, that the clerk will tell you that if you don't show, the court will order you to pay sanctions for wasting the court's time. But, I doubt it. Ultimately, if you don't show up, and there's no defendant, then the court will just take the matter off calender. But, if you don't call and try to have the hearing cancelled, and the judge gets annoyed, you could find yourself being called in to explain yourself, and that could lead to a sanction. So, don't just be a no-show, and give the judge a reason to be pissed off.


Note: I see you are asking a lot of questions about independent contractor agreements and they seem to shift back and forth between California and NY as jurisdiction. If these questions are about work done by you while located in California, then it's very possible that every single answer you have previously received is wrong. California employment law issues are supposed to be sent to a specific category where only California employment law attorneys can answer. If your issue actually concerns California law, and you would like me to reconsider all of the relevant issues, then please post it in the California Employment Law category and put my userid ("To socrateaser") at the beginning of your question.


Hope this helps.

Customer: replied 4 years ago.

Thanks for the answer. I'm actually involved in parallel litigation in both NY and CA, and hence the questions on both ( I reside in CA but choice of law on a subset of the agreement was in NY). I have retained counsel in NY and currently looking to retain counsel in SF. The whole action involves non-competes and other causes of action related to it (trade secret, fiduciary duty,etc) and on the other side breach of contract, unpaid wages, etc. If this is something you are experienced with, I'll certainly be asking you directly some more questions. Could you perhaps elaborate on your background as its pertained to the topics mentioned above?

I'm very experienced with the issue you describe. It's a big issue, and I would need to know exactly what's going on. I didn't do more than skim your other conversations -- I wasn't looking at the substance of the conversation, except to the extent that they may have been answered out of the correct category.

The short answer, however, may be that the choice of law provisions may be unenforceable against you, if the work was performed and intended to be performed by you while located in California. Without the precise facts, I can't comment intelligently, and since it's complicated question, it deserves a different Q&A session (so that I can receive appropriate compensation).

Hope this helps.

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