What is a Request to Opt Out of Mandatory Expedited Jury Trial Procedures?

“Mandatory expedited jury trial” is a jury trial before a reduced jury panel and a judge. (Code of Civ. Proc., § 630.21(a).) In a mandatory expedited jury trial, each side shall have up to five hours in which to complete voir dire and to present its case; the jury shall be composed of eight jurors and one alternate, unless the parties have agreed to fewer jurors; and each side shall be limited to four peremptory challenges. (Code of Civ. Proc., § 630.23.)

Legal Standard

“[A]n action or special proceeding treated as a limited civil case... shall be conducted as a mandatory expedited jury trial.” (Code of Civ. Proc., § 630.20(a).) “Either party may opt out of the mandatory expedited jury trial procedures if any of the following criteria is met:

  1. Punitive damages are sought.
  2. Damages in excess of insurance policy limits are sought.
  3. A party's insurer is providing a legal defense subject to a reservation of rights.
  4. The case involves a claim reportable to a governmental entity.
  5. The case involves a claim of moral turpitude that may affect an individual's professional licensing.
  6. The case involves claims of intentional conduct.
  7. The case has been reclassified as unlimited pursuant to Section 403.020.
  8. The complaint contains a demand for attorney's fees, unless those fees are sought pursuant to Section 1717 of the Civil Code.
  9. 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.”

(Code of Civ. Proc., § 630.20(b); Shepard-Branom v. Diamond (2019) 39 Cal.App.5th Supp. 1, 7.)

Procedure

Parties seeking to opt out of mandatory expedited jury trial procedures must file a Request to Opt Out of Mandatory Expedited Jury Trial Procedures (form EJT-003). (Cal. Rules of Ct., Rule 3.1546(c)(1).) “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.” (Cal. Rules of Ct., Rule 3.1546(c)(2).) “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).” (Cal. Rules of Ct., Rule 3.1546(c)(3).)

Useful Rulings on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

Recent Rulings on Request to Opt Out of Mandatory Expedited Jury Trial Procedures

TODD BAKER VS. PINNACLE ESTATE PROPERTIES INC. A CALIFORNIA CORPORATION

The parties are specifically requested to address whether the trial ordered by Department 47 was under the voluntary or mandatory expedited jury trial rules. NOTICE: Parties requesting services of a court reporter shall advise the court at (916) 874-7885 no later than 4:00 p.m. 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.

  • Hearing

    Nov 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

TODD BAKER VS. PINNACLE ESTATE PROPERTIES INC. A CALIFORNIA CORPORATION

Those, rules however, do not apply to mandatory expedited jury trials. (Code of Civ. Proc. § 630.20, et seq.; Shepard-Branom v. Diamond (2019) 39 Cal.App.5th Supp. 1, 7.) On July 17, 2019 the Court entered an order setting this matter for an expedited jury trial. The order does not state whether the jury trial was to be conducted under the rules for voluntary or mandatory expedited jury trials.

  • Hearing

    Nov 04, 2019

  • Type

    Contract

  • Sub Type

    Breach

CAMERON CONSTRUCTION VS. JACQUELYN JOHNSON

This case remains a limited matter subject to the mandatory expedited jury trial procedures 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.

  • Hearing

    Sep 30, 2019

  • Type

    Real Property

  • Sub Type

    other

WIEBENS VS. CHEN

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 630.20(b).

  • Hearing

    May 20, 2019

BIG BEAR FIREWORKS INC VS. OPEN DOORS SLAVIC MINISTRIES

Defendants also filed that day a Request to Opt Out of Mandatory Expedited Jury Trial Procedures. (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.)

  • Hearing

    May 03, 2019

  • Type

    Collections

  • Sub Type

    Collections

SKIFF V. MAVIS

Although the case was filed as an unlimited civil proceeding, both parties (based on their motions and responses to motions) appear to agree they stipulated to hear this case under the provisions for mandatory expedited jury trial (CCP 630.20-630.30).

  • Hearing

    Mar 14, 2019

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS SOTO, KENDRA

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.

  • Hearing

    Mar 06, 2019

STATE FARM VS. GUY

The matter is set for Mandatory Expedited Jury Trial pursuant to Code of Civil Procedure section 630.20, subject to either party making an affirmative showing that those provisions do not apply here.

  • Hearing

    Feb 21, 2019

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS. SOTO, KENDRA

Defendant’s Request to Opt Out of Mandatory Expedited Jury Trial Procedures – DENIED. Defendant failed to submit a supporting memorandum of point and authorities and a supporting declaration in connection with her request.

  • Hearing

    Feb 13, 2019

THOMAS STURMAN VS NATE HEYDARI, ET AL.

., CCP § 630.20.) There is accordingly no basis to deprive Defendants of their constitutional right to a jury trial solely on the ground that Plaintiff filed a limited civil action. Plaintiff’s motion is therefore DENIED.

  • Hearing

    May 22, 2018

  • Judge

    Georgina Torres Rizk or Jon R. Takasugi

  • County

    Los Angeles County, CA

ALLIANCE UNITED INSURANCE COMPANY VS EMMANUEL OBILANA

CRC 3.1546(c) states in pertinent part: “(1) 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).

  • Hearing

    May 21, 2018

  • Judge

    Georgina Torres Rizk or Jon R. Takasugi

  • County

    Los Angeles County, CA

MORANDO VS. THOMPSON

If the motion is granted, the case will be subject to a mandatory expedited jury trial under newly effective Code of Civil Procedure section 630.20. See Judicial Council Form EJT-018. The motion was initially set for hearing on September 16, 2016, but was continued by the moving parties to November 4. ROA 51, 53. Plaintiff filed opposition. ROA 55. Thompson and Peerless Insurance filed reply. ROA 56. The court has reviewed the papers. 2. Applicable Standards.

  • Hearing

    Oct 31, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

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