The court finds that even if jury was waived by defendants not posting jury fees before they retained their present counsel in June of 2018, good cause was presented to allow this matter to proceed as a jury trial. (Code Civ. Proc. §631, subdivision (g).) No prejudice to plaintiff is apparent from defendant having requested a jury trial and posting fees 20 days before trial. Defendants promptly advised plaintiff of their intent to proceed by a jury trial on October 3, 2018. Plaintiff did not waive jury until October 9, 2018.
West Hills has placed another matter on the ex parte calendar (appropriateness of defendant giving notice to plaintiff counsel of the request that employees of defendant appear at trial). No proof of compliance with ex parte notification has been filed to date.
Hearing Date
October 16, 2018
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The court finds that even if jury was waived by defendants not posting jury fees before they retained their present counsel in June of 2018, good cause was presented to allow this matter to proceed as a jury trial. (Code Civ. Proc. §631, subdivision (g).) No prejudice to plaintiff is apparent from defendant having requested a jury trial and posting fees 20 days before trial. Defendants promptly advised plaintiff of their intent to proceed by a jury trial on October 3, 2018. Plaintiff did not waive jury until October 9, 2018.
West Hills has placed another matter on the ex parte calendar (appropriateness of defendant giving notice to plaintiff counsel of the request that employees of defendant appear at trial). No proof of compliance with ex parte notification has been filed to date.