Expedited jury trials are mandatory in several case types, including in limited civil cases. CCP § 630.20(b).
CCP § 630.20 states in pertinent part:
Except as provided in subdivisions (b) and (c), an action or special proceeding treated as a limited civil case pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of Title 1 of Part 1, including an action or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.
Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:
Punitive damages are sought.
Damages in excess of insurance policy limits are sought.
A party's insurer is providing a legal defense subject to a reservation of rights.
The case involves a claim reportable to a governmental entity.
The case involves a claim of moral turpitude that may affect an individual's professional licensing.
The case involves claims of intentional conduct.
The case has been reclassified as unlimited pursuant to Section 403.020.
The complaint contains a demand for attorney's fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.
The judge finds good cause exists for the action not to proceed under the rules of this chapter. Good cause includes, but is not limited to, a showing that a party needs more than five hours to present or defend the action and that the parties have been unable to stipulate to additional time.”
CRC 3.1546(c) states in pertinent part:
“Parties seeking to opt out of mandatory expedited jury trial procedures on grounds stated in Code of Civil Procedure section 630.20(b) must file a Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-003).
Except on a showing of good cause, the request to opt out must be served and filed at least 45 days before the date first set for trial or, in cases in which the date first set for trial occurred before July 1, 2016, 45 days before the first trial date after July 1, 2016.
Except on a showing of good cause, any objection to the request must be served and filed within 15 days after the date of service of the request, on an Objection to Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-004).”
Defendant Emmanuel Obilana’s Request to Opt Out of Mandatory Expedited Jury Trial Procedures is DENIED.
On December 1, 2017, Plaintiff Alliance United Insurance Company filed this action against Defendants Emmanuel Obilana (“Obilana”), Samuel Sosa-Melgar, and Kevin Sosa.
On April 4, 2018, Obilana filed a Request to Opt Out of Mandatory Expedited Jury Trial Procedures (the “Request”). On April 9,...
..ction or special proceeding initially filed as a limited civil case or remanded as one thereafter, shall be conducted as a mandatory expedited jury trial pursuant to this chapter.
(b) Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:
4(1) Punitive damages are sought.
(2) Damages in excess of insurance policy limits are sought.
...
Plaintiff Cameron Construction's ("Plaintiff") motion to continue trial is GRANTED. The parties are ordered to appear at the hearing to discuss the new date for trial.
NOTICE:
Although the Court has ordered the parties to appear, parties wishing to contest the tentative ruling must still comply with the requirements of Local Rule 1.06 for requesting oral arguments. To request oral argument on th...
..the Court day before the hearing. Please be advised there is a $30.00 fee for court reporting services, which must be paid at the time of the hearing, for each civil proceeding lasting less than one hour. (Govt. Code § 68086(a)(1)(A).)
The Court Reporter will not report any proceeding unless a request is made and the requisite fees are paid in advance of the hearing.
Background
This case arises...
HEARING ON MOTION TO REMOVE MATTER FROM EXPEDITED JURY TRIAL
FILED BY RU-WEI (SYLVIA) CHEN
* TENTATIVE RULING: *
The motion is denied. Expedited jury trials are mandatory in limited civil cases pursuant to Code of Civil Procedure section 630.20(a). Defendant has not met any of the criteria to opt out of the mandatory expedited jury trial procedures pursuant to Code of Civil Procedure section 63...
Defendant’s Request to Opt Out of Mandatory Expedited Jury Trial Procedures - GRANTED, and unopposed.
The Court finds that Defendant has established her entitlement to opt out of the mandatory expedited jury trial procedures pursuant to Code Civ. Proc. 630.20(b)(2).
The Court will complete the proposed order submitted by Counsel....
This case remains a limited matter subject to the mandatoryexpeditedjurytrialprocedures of Code Civ. Proc. § 630.20. Plaintiff's timely failure to file a counter case status memorandum constitutes a waiver of Plaintiff's right to request to opt out of the expedited jury trial procedures or to object to Defendants' request to opt out of the expedited jury trial procedures.
Defendants' previously requested to opt out of the expedited jury process and the Court granted the request.
Defendant has not met any of the criteria to opt out of the mandatoryexpeditedjurytrialprocedures pursuant to Code of Civil Procedure section 630.20(b).
Defendants also filed that day a Request to Opt Out of MandatoryExpeditedJuryTrialProcedures. (ROA # 30.) On April 4, 2019, the Court granted Defendants' request to opt out of the expedited jury trial procedures and ordered the case to be set for a short cause trial. (ROA # 33.) A short cause trial was subsequently scheduled for May 10, 2019. (ROA # 34.)
Defendant’s Request to Opt Out of MandatoryExpeditedJuryTrialProcedures - GRANTED, and unopposed.
The Court finds that Defendant has established her entitlement to opt out of the mandatoryexpeditedjurytrialprocedures pursuant to Code Civ. Proc. 630.20(b)(2).
The Court will complete the proposed order submitted by Counsel.
Defendant’s Request to Opt Out of MandatoryExpeditedJuryTrialProcedures – DENIED.
Defendant failed to submit a supporting memorandum of point and authorities and a supporting declaration in connection with her request.
CRC 3.1546(c) states in pertinent part:
“(1) Parties seeking to opt out of mandatoryexpeditedjurytrialprocedures on grounds stated in Code of Civil Procedure section 630.20(b) must file a Request to Opt Out of MandatoryExpeditedJuryTrialProcedures (form EJT-003).
