WebAug 4, 2005 · Grafton Partners v. Superior Court Download PDF Check Treatment Summary holding that right to jury trial may only be waived as prescribed by California legislature and listing methods allowed for such waivers Summary of this case from … WebMar 28, 2016 · Grafton Partners L.P. v. Superior Court (2005) 36 Cal. 4th 944, 964. California law allows parties to avoid trial by jury by contractually choosing to decide any future dispute by arbitration or judicial reference. …
Grafton Partners L.P. v. Superior Court - Quimbee
WebNov 18, 2013 · A person’s right to have his or her dispute decided by a jury is fundamental, and our state Supreme Court has said so on many occasions. [See, e.g., Grafton Partners v. Superior Court, 36 Cal. 4th 944 (2005).] Indeed, the right to a jury trial is enshrined in our state Constitution as Article I, section 16, which provides that a jury trial is ... WebSep 12, 2008 · The court stated the declaration in Civil Code section 1354, subdivision (a), that CCR's are enforceable equitable servitudes evidence the Legislature's intent that recorded use restrictions are to be treated as such servitudes. current air force medals
Practice Tip – Jury Waivers and IP License Agreements
WebGRAFTON PARTNERS v. SUPERIOR COURT SIMONS, J. Are contractual predispute jury waivers in civil actions enforceable under California law? The parties in this case knowingly entered into such a waiver and the trial court enforced it, relying on Trizec Properties, Inc. v. Superior Court (1991) 229 Cal.App.3d 1616 ( Trizec ). WebApr 24, 2006 · Grafton Partners v. Superior Court of Alameda County (2005) 36 Cal. 4th 944, 956. Section 631(d) enumerates six specific ways parties to a civil suit may waive the right to a jury trial. Prior to Grafton, California courts had enforced jury waiver provisions regardless of their compliance with this code section. Web(2) The difficulty with the analysis in Trizec is that it is inconsistent with an established line of cases beginning with an early decision of this court. In Exline v.Smith (1855) 5 Cal. 112 ( Exline) and subsequent cases, we interpreted substantially similar constitutional language and held that the rules under which the parties to a lawsuit may waive a jury trial must be … current air force motto