Judge: Malcolm Mackey, Case: 20STCV35154, Date: 2023-01-13 Tentative Ruling

Case Number: 20STCV35154    Hearing Date: January 13, 2023    Dept: 55

BROADWAY EXCH. BLDG., LP v. SANDERSON                    20STCV35154

Hearing Date:  1/13/23,  Dept. 55

#9:   MOTION TO STRIKE DEFENDANT VIANEY ELIZABETH SANDERSON’S JURY DEMAND.

Notice:  Okay

Opposition

MP:  Plaintiff/Cross-Defendant BROADWAY EXCHANGE BUILDING, LP

RP:  Defendant VIANEY SANDERSON

Summary

On 9/15/20, Plaintiff/Cross-Defendant BROADWAY EXCHANGE filed a Complaint alleging that, around February 2015, it entered into a commercial lease, and a personal guaranty, with Defendant/Cross-Complainant VIANEY SANDERSON, to rent the premises, but starting around April 2020, SANDERSON failed to pay rent, and so Plaintiff seeks to recover damages it incurred as a result of SANDERSON breaching her lease and personal guaranty.

On 3/15/21, Defendant SANDERSON filed a First Amended Cross-Complaint, against Plaintiff, alleging that cross-defendants used the Covid-19 situation as a pretense to steal cross-complainant’s bar that she was precluded from operating during the pandemic.

On 6/23/21, Cross-Complainant filed a request for dismissal of the First Amended Cross-Complaint.

MP Positions

Moving party requests an order striking Defendant’s jury request, on bases including the following:

·         Plaintiff Sanderson's lease with Broadway, upon which this action is based, contains a jury waiver signed by Plaintiff Sanderson (motion, ex. C).

RP Positions

Opposing party advocates denying, for reasons including the following:

·         Contractual jury trial waivers are not enforceable (i.e., the Grafton Rule).

·

Tentative Ruling

The motion is denied.

“[P]redispute jury trial waivers are not expressly permitted under [CCP] section 631, and therefore they are unenforceable….”  Handoush v. Lease Finance Group, LLC (2019) 41 Cal.App.5th 729, 739 n. 5.