California Supreme Court
Apr. 22, 2017
Ruling resolves conflict on review of a jury trial request denial
It is now even more firmly established that litigants may challenge jury trial denials by pre-trial writ. By Nathaniel P. Garrett and Lauren Pardee Rubin
Nathaniel P. Garrett
Jones DayAppellate Law
555 California St Fl 26
San Francisco , CA 94104
Phone: (415) 875-5731
Email: ngarrett@jonesday.com
Stanford Univ Law School; Stanford CA
Nathaniel P. Garrett is a partner at Jones Day and is a certified appellate specialist by the California State Bar.
On April 10, the California Supreme Court clarified that a trial court's denial of a jury trial request is subject to review by petition for extraordinary writ before trial.Shaw v. Superior Court, 2017 DJDAR 3429. In so holding, the court resolved a conflict in its own case law by overruling an inconsistent line of authority. The practical effect of the decision, however, is lik...
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