Civil Litigation,
California Courts of Appeal
May 23, 2022
Local rules violation should not result in waiver of jury trial
The Court of Appeal concluded that the trial court’s denial of the right to jury trial was reversible error per se, so there was no need to show prejudice.
Reuben Ginsburg
Appellate Specialist
Michelman & Robinson, LLP
Ginsburg is chair of the California Lawyers Association Litigation Section's Jury Instructions Committee.
The 4th District Court of Appeal in Amato v. Downs (Cal. App. 4th Dist., Div. 2, May 6, 2022), held that the trial court erred by denying the plaintiff a jury trial as a penalty for failing to comply with local rules on trial preparation.
Plaintiff Joseph Amato listed a house for sale with defendants Steve Downs, a real estate broker, and Coldwell Banker Residential Brokerage Company. Plaintiff alleged that Downs advised him to list the h...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In