Chen v. Lin, No. JAD19-10 (L.A. Super. App. Div. Nov. 14, 2019)
This is a UD case where the Tenant (a pro se) demanded a jury trial. But she failed to comply with some of the procedures in the court’s general order re for preparing for jury trials in UD cases. Stuff like submitting jury instructions and verdict forms and meeting and conferring on various trial issues. So the trial court struck her jury demand. After losing the UD, tenant appealed, again pro se.
The L.A. Superior App. Div. holds that striking her demand was per se reversible error. Under Article I, section 16 of the California State Constitution, a jury trial can be waived only on grounds authorized by statute. Most of those grounds are listed in Code of Civil Procedure § 631(f). Failing to diligently prepare for trial is not one of them. Thus, although Tenant could have suffered other sanctions for failing to prepare, the trial court had no authority to strike her jury demand.
Reversed.
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