Superior Court of California

County of Los Angeles

Department 36

MASON CANTER, Plaintiff, v. JEFFREY BRANDON LLOYD; PROPERTY TAX BACK, INC.; and DOES 1-10, Defendants.

Case No.: 19STCV41901

Hearing Date: 2/25/2021

[TENTATIVE] RULING RE: Motion for Relief from Jury Trial Waiver

The motion is granted.

Discussion

A party desiring trial by jury must both make a timely demand for jury trial and post jury fees. (See CCP § 631(f), (b)-(c).) At least one party demanding a jury trial on each side of a civil case must pay a nonrefundable jury fee on or before the date scheduled for the initial case management conference in the action. (See CCP § 631(b)-(c).) Failure to timely pay such fee constitutes a waiver of a trial by jury. (See id. at (f)(5).)

The court may in its discretion upon just terms grant relief and permit trial by jury despite prior waiver. (See id. at (g).) The right to trial by jury is constitutionally guaranteed and thus any doubt as to the propriety of granting relie