Defendant’s unopposed Motion to Strike Plaintiff’s Demand for Jury Trial is DENIED.
Plaintiff to give Notice.
No Opposition filed as of October 26, 2020. Due by October 8, 2020. (See 09/11/2020, Min. Order.)
The right to a jury trial in civil actions is guaranteed by the Constitution. (Cal. Const. Art 1, §16). A jury trial is not available in actions based entirely on equity. (C&K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8.)
Here, Defendant apparently concedes that the sole remaining issue in this case—Failure to Pay Vacation Time— is legal (not equitable) in nature. There are no equitable issues in this case. Accordingly, Defendant’s Motion to Strike to preclude jury trial is DENIED.
Hearing Date
October 28, 2020
Type
Wrongful Termination (General Jurisdiction)
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Defendant’s unopposed Motion to Strike Plaintiff’s Demand for Jury Trial is DENIED.
Plaintiff to give Notice.
No Opposition filed as of October 26, 2020. Due by October 8, 2020. (See 09/11/2020, Min. Order.)
The right to a jury trial in civil actions is guaranteed by the Constitution. (Cal. Const. Art 1, §16). A jury trial is not available in actions based entirely on equity. (C&K Engineering Contractors v. Amber Steel Co., Inc. (1978) 23 Cal.3d 1, 8.)
Here, Defendant apparently concedes that the sole remaining issue in this case—Failure to Pay Vacation Time— is legal (not equitable) in nature. There are no equitable issues in this case. Accordingly, Defendant’s Motion to Strike to preclude jury trial is DENIED.