SPECIAL SET HEARING ON: OSC WHY JURY DEMAND SHOULD NOT BE
STRICKEN SET BY DEPT. 39
* TENTATIVE RULING: *
In 2016, defendants demanded a jury trial and one defendant timely posted jury fees. Plaintiff also demanded a jury trial, but did not post jury fees. Since defendants had posted jury fees, plaintiff’s failure to do so had not been noticed and had no effect on trial setting. On January 26, 2021, defendants waived their right to jury trial. They then brought to the Court’s attention the fact that plaintiff had never posted a jury fee, and therefore had waived jury pursuant to Code of Civil Procedure section 631(f)(5). Plaintiff then posted a fee. After the matter was discussed at a case management conference, the Court issued an order to show cause why the jury trial should not be stricken.
In response, plaintiff does not dispute the waiver, but requests that, pursuant to Code of Civil Procedure section 631(g), the court exercise its discretion to allow a jury trial. Ordinarily,
Hearing Date
February 18, 2021
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SPECIAL SET HEARING ON: OSC WHY JURY DEMAND SHOULD NOT BE
STRICKEN SET BY DEPT. 39
* TENTATIVE RULING: *
In 2016, defendants demanded a jury trial and one defendant timely posted jury fees. Plaintiff also demanded a jury trial, but did not post jury fees. Since defendants had posted jury fees, plaintiff’s failure to do so had not been noticed and had no effect on trial setting. On January 26, 2021, defendants waived their right to jury trial. They then brought to the Court’s attention the fact that plaintiff had never posted a jury fee, and therefore had waived jury pursuant to Code of Civil Procedure section 631(f)(5). Plaintiff then posted a fee. After the matter was discussed at a case management conference, the Court issued an order to show cause why the jury trial should not be stricken.
In response, plaintiff does not dispute the waiver, but requests that, pursuant to Code of Civil Procedure section 631(g), the court exercise its discretion to allow a jury trial. Ordinarily,