HEARING ON MOTION TO/FOR TO STRIKE SUNPOWER'S JURY DEMAND FILED
BY NRG RENEW LLC, NRG ENERGY, INC.
* TENTATIVE RULING: *
NRG’s motion to strike SunPower’s jury demand is denied. There are several separate and independent grounds for the Court’s decision.
No “initial case management conference” was scheduled until March 2015 First, NRG relies on Code of Civil Procedure (“CCP”) §§ 631(c) and 631(f) to support its contention that SunPower waived its right to a jury trial. Those sections say: (c) The [jury fee] shall be due on or before the date scheduled for the initial case management conference…
(f) A party waives trial by jury in any of the following ways:
…
(5) by failing to timely pay [the jury fee], unless another party on the same side of the case has paid that fee.
Here, there is no dispute about the following relevant timeline. The case was filed on March 19, 2014. At that time, an initial case management conference was set for May 22, 2014 in Department 9. That CMC was r
Hearing Date
January 26, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
HEARING ON MOTION TO/FOR TO STRIKE SUNPOWER'S JURY DEMAND FILED
BY NRG RENEW LLC, NRG ENERGY, INC.
* TENTATIVE RULING: *
NRG’s motion to strike SunPower’s jury demand is denied. There are several separate and independent grounds for the Court’s decision.
No “initial case management conference” was scheduled until March 2015 First, NRG relies on Code of Civil Procedure (“CCP”) §§ 631(c) and 631(f) to support its contention that SunPower waived its right to a jury trial. Those sections say: (c) The [jury fee] shall be due on or before the date scheduled for the initial case management conference…
(f) A party waives trial by jury in any of the following ways:
…
(5) by failing to timely pay [the jury fee], unless another party on the same side of the case has paid that fee.
Here, there is no dispute about the following relevant timeline. The case was filed on March 19, 2014. At that time, an initial case management conference was set for May 22, 2014 in Department 9. That CMC was r