Judge: Malcolm Mackey, Case: 21STCV01409, Date: 2023-01-13 Tentative Ruling

Case Number: 21STCV01409    Hearing Date: January 13, 2023    Dept: 55

SANDERSON v. BROADWAY EXCHANGE BUILDING, LP             21STCV01409

Hearing Date:  1/13/23,  Dept. 55

#10:   MOTION TO STRIKE PLAINTIFF’S JURY DEMAND.

Notice:  Okay

Opposition

MP:  Defendant

RP:  Plaintiff

Summary

On 1/13/21, Plaintiff filed a Complaint.

On 3/15/21, Plaintiff filed a First Amended Complaint, alleging that defendants took forcible possession of a leased commercial premises at 221 W. 7th Street, Los Angeles, without legal process.

The causes of action are:

1. FORCIBLE ENTRY

2. FORCIBLE DETAINER.

MP Positions

Moving party requests the Court to strike Plaintiff’s jury demand, for reasons as follows:

·         Sanderson signed a lease containing an unambiguous waiver of a trial by jury

in this action. See motion, exhibit "C", p. 21, ¶ 48.

·         Sanderson's April 3, 2021 jury demand, and notice posting jury fees, are improper.

RP Positions

Opposing party advocates denying, on bases including the following:

·         Contractual jury trial waivers are not enforceable. Grafton Partners L.P. v. Sup.Ct. (2005) 36 C.4th 944, 957-61

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.