Motion: Motion for Reconsideration Pursuant to CCP 473
Tentative Ruling: To grant plaintiff’s motion for reconsideration of the waiver of a jury trial. Plaintiff shall deposit the applicable jury fees with the Court within ten days from the notice of this ruling.
Plaintiff’s Request for Judicial Notice is granted under Evidence Code §452(d)
Plaintiff Albert Hernandez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees.
The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”
Generally, the grounds upon which relief from the waiver of a jury trial will be granted are committed to the sound discretion of the trial court. But where the right to a jury trial is constitutional in nature, any doubt as to whether a party should be entitled to rel
Hearing Date
April 23, 2019
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Motion: Motion for Reconsideration Pursuant to CCP 473
Tentative Ruling: To grant plaintiff’s motion for reconsideration of the waiver of a jury trial. Plaintiff shall deposit the applicable jury fees with the Court within ten days from the notice of this ruling.
Plaintiff’s Request for Judicial Notice is granted under Evidence Code §452(d)
Plaintiff Albert Hernandez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees.
The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.”
Generally, the grounds upon which relief from the waiver of a jury trial will be granted are committed to the sound discretion of the trial court. But where the right to a jury trial is constitutional in nature, any doubt as to whether a party should be entitled to rel