Tentative Ruling on the Motion for Right to Jury Trial filed by Plaintiff, Karen Arnaiz, set for hearing on June 19, 2020 in Department 11A:
TENTATIVE RULING: Karen Arnaiz (“Plaintiff”) presents her Motion for Right to Jury Trial of her cause of action for Violations of the Elder and Dependent Adult Civil Protection Act (Financial Elder Abuse). The motion is denied.
Discussion. “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution.” (Shaw v. Superior Court (2017) 2 Cal.5th 983, 993, 216 Cal.Rptr.3d 643, 650; fn. omitted.) “As a general matter, the California Legislature has authority to grant the parties in a civil action the right to a jury trial by statute, either when the Legislature establishes a new cause of action or with respect to a cause of action that rests on the common law or a constitutional provision.” (Ibid.; citations omitted.) In Wel. & Inst. Code §15600, et seq. (the “Act”), the Legisla
Hearing Date
June 17, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Tentative Ruling on the Motion for Right to Jury Trial filed by Plaintiff, Karen Arnaiz, set for hearing on June 19, 2020 in Department 11A:
TENTATIVE RULING: Karen Arnaiz (“Plaintiff”) presents her Motion for Right to Jury Trial of her cause of action for Violations of the Elder and Dependent Adult Civil Protection Act (Financial Elder Abuse). The motion is denied.
Discussion. “Under California law, the right to a jury trial in a civil action may be afforded either by statute or by the California Constitution.” (Shaw v. Superior Court (2017) 2 Cal.5th 983, 993, 216 Cal.Rptr.3d 643, 650; fn. omitted.) “As a general matter, the California Legislature has authority to grant the parties in a civil action the right to a jury trial by statute, either when the Legislature establishes a new cause of action or with respect to a cause of action that rests on the common law or a constitutional provision.” (Ibid.; citations omitted.) In Wel. & Inst. Code §15600, et seq. (the “Act”), the Legisla