Defendants’ Motion for Order Seeking Relief of Waiver of Jury Trial, filed on 12/14/18, is GRANTED.

Failure to timely pay jury fees can constitute a waiver of the right to a jury trial. Cal. Code Civil Procedure § 631. Ordinarily, fees are due by the date of the initial CMC unless a CMC is not scheduled. If a CMC is not scheduled, fees are due 365 calendar days after the filing of the initial complaint. Cal. Code Civil Procedure § 631.

As Defendant observes, the jury fees were untimely posted on 6/20/18, one week after the 365-day deadline passed on 6/13/18. Motion, Ex. A. Counsel declares that late posting was inadvertent. Declaration of Steve Kang, ¶ 3.

The court has discretion to allow a jury trial although there may have been a waiver. Ca.l Code Civil Procedure § 631(g). Because the right to jury trial is fundamental, doubts are resolved in favor of allowing a jury trial. Wharton v. Superior Court (1991) 231 Cal. App. 3d 100, 103-104.

Absent prejudice to the opposing party, the