Judge: Lee W. Tsao, Case: 21STCV10636, Date: 2023-06-29 Tentative Ruling

Case Number: 21STCV10636    Hearing Date: September 13, 2023    Dept: C

California Regional Water v. mithcell investors, et al.

CASE NO.:  21STCV10636

HEARING:  9/13/23 @ 10:30 AM

#7

Plaintiff’s Motion to Strike Demand for Jury Trial is GRANTED.

Moving Party to give NOTICE.

Plaintiff California Regional Water Quality Control Board, Los Angeles Region moves to strike Defendants Mitchell Investors, LLC and Rafiel Shahbazian’s (Defendants) jury trial demand.

Background

Plaintiff filed a Complaint against Defendants for an injunction, civil penalties for violation of Water Code section 13350, and fees and costs pursuant to CCP § 1021.8 arising from alleged water contaminants from Defendants’ property.

Legal Standard

"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.)

Discussion

Plaintiff argues that the action is entirely an equitable action, therefore, Defendants has no right to a jury trial. Defendants argue that there are non-equitable remedies requested by Plaintiff, therefore, Defendants are entitled to jury trial on those issues.

Defendants are not entitled to a jury trial in this matter because this is a wholly equitable action. Defendants argue that the action is not wholly equitable because Plaintiff seeks reimbursement through the requests for costs pursuant to CCP § 1021.8. However, the court awards costs and fees pursuant to CCP § 1021.8, thus, there is no right to jury trial as to this issue. Thus, Defendants are not entitled to jury trial in this matter.

Accordingly, Plaintiff’s Motion to Strike Jury Trial is GRANTED.