ANOTHER (PERHAPS BETTER THAN ARBITRATION) ALTERNATIVE TO CIVIL COURT TRIALS

Nearly two decades ago, the California Supreme Court ruled that pre-dispute contractual jury waivers are not enforceable.  However, the Court emphasized that parties to a contract could avail themselves of two options to avoid the requirement of a jury trial – arbitration and judicial reference.  (See Grafton Partners L.P. v. Superior Court (2005) 36 Cal.4th 944, 964.)  In short, California law permits parties to proactively avoid the possible expense and uncertainty of trial by jury by contractually electing to resolve [...]

By |2018-10-15T19:15:13+00:00July 27, 2018|Litigation|