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:
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.”
(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 Resources for Request to Opt Out of Mandatory Expedited Jury Trial Procedures
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...
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.
...
Defendants Open Doors Slavic Ministries and Nadia Serdiuk's ("Defendants") motion to vacate the short cause trial scheduled for May 10, 2019, and to refer the parties to the long cause Trial Setting Process is GRANTED.
On January 11, 2019, Plaintiff filed a Limited Civil Case Status Memorandum requesting a short cause trial. (ROA # 29.) That same day, Defendants filed a Counter Case Status Memora...
..(ROA # 33.) A short cause trial was subsequently scheduled for May 10, 2019. (ROA # 34.)
Defendants now move to vacate the short cause trial setting and to refer the case to the long cause Trial Setting Process on the grounds that "there is no possibility that this case can be tried to completion in five hours." (Defs.' Mot. 6:3-5.) Defendants state:
"The Complaint in this action alleg...
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...
TENTATIVE RULING
Plaintiff's motion for judgment notwithstanding the verdict ("JNOV") is DENIED. Plaintiff's motion for a new trial is DENIED.
This case arises from the alleged breach of a contract and fiduciary duties related to Defendants Pinnacle Estate Properties, Inc. and Brian J. Stace (collectively "Defendants") representation of Plaintiff in a real estate transaction. Plaintiff alleged t...
..Plaintiff was harmed by Defendants breach. The jury found that Defendants acted reasonably and therefore did not breach fiduciary duties. The jury found Plaintiff's damages were $0.
Plaintiff moves for judgment notwithstanding the verdict, or alternatively, a new trial, on grounds that the verdict is not supported by sufficient evidence because an award of $0 is inconsistent with the finding tha...
avid F. Myers, Esq. (SBN 185102)
WOLKIN · CURRAN, LLP
111 Maiden Lane, 6 Floor 11/24/2020
San Francisco, California 94108
Telephone: (415) 982-9390
[email protected]
ttorneys for Plaintiff
SURETEC INSURANCE COMPANY
UPERIOR COURT OF THE...
EJT-005
ATTORNEYOR PARTYWITHOUT ATTORNEY: STATEBAR NO.: FOR COURTUSE ONLY
name: Kyle D. Oliver
Firmname: N/A
streeTaporEss: 2039 Petruchio Way
ciy. Roseville
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11/12/2020
David F. Myers, Esq. (SBN 1
WOLKIN · CURRAN, LLP
111 Maiden Lane, 6 Floor
San Francisco, California 941
Telephone: (415) 982
[email protected]
Attorneys for Plaintiff
SURETEC INSURANCE COMPANY
...
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
Minute Order
Accredited Surety and Casualty Co., Inc. vs. [_] Present
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File No. 19-12568-0
Robert Scott Kennard
State Bar No. 117017
NELSON & KENNARD
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5011 Dudley Blvd., Bldg. 250, Bay G FILED
McClellan, CA 956...
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FILE BY FAX
[ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY
name: Razelie P. Espinosa, Esq. (SBN 201228)
FIRM NaNé: Gilsleider, McMahon, Molinelli & Phan
STREET ADDRESS: 2300 Clayton Road, Suite 430
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TELEPHONE NO.: (925) 446-3126 FAXNO.: (925) 798-5355
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CHAD M. LEW, SBN: 199723.
McCormick, Kabot, Jenner & Lew Superior Court of California
A Professional Corporation Countyof Pla
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4010 S. Demaree Street
Visalia, California 93277 MAR 09 2...
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EJT-005
ATTORNEY OR PARTYWITHOUT ATTORNEY: STATE BARNO.: FOR COURT USEONLY
NAME:Robert ScottKennard SNB 117017; Kristen P Sleezer SBN 321178
FIRMNAME:Nelson & Kennard NK File No. 19-12568-0
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| ATTORNEY ORPARTYWITHOUT ATTORNEY: STATE BARNO.: FOR COURT USE ONLY
|wame: Allan R. Frumkin, Esq. 50543
|FIRM NAME:Law Offices of Allan ...
EJT-003
ATTORNEY OR PARTYWITHOUTATTORNEY: STATE BARNO.: FOR COURT USE ONLY
NAME:Robert Scott Kennard SBN 117017; Kristen Sleezer SBN 321178
FIRMNAME:Nelson & Kennard NK FileNo. 19-12568-0
STREETADDRESS:5011 Dudley Blvd. Bldg 250. Bay ...
POS-040
ATTORNEY ORPARTYWITHOUT ATTORNEY: STATEBAR NO:
FOR COURT USEONLY
NAME: Robert Scott Kennard SBN 117017; Kristen P Sleezer SBN 321178
FIRMNAME:Nelson & Kennard NK FileNo. 19-12568-0
...
