Superior Court of California

County of Los Angeles

Department 36

SERGIO COTA, an individual, Plaintiff, v. BLUE ROOSTER ARTS, INC., a California Corporation; CHRIS FOTTRELL, an individual; and DOES 1-100, inclusive, Defendants.

Case No.: 21STCV04556

Hearing Date: 8/23/2021

[TENTATIVE] RULING RE: Motion for Relief from Jury Waiver

The motion for relief from jury waiver is granted.

Discussion

A party desiring trial by jury must both make a timely demand for jury trial and post jury fees. (See CCP § 631(f), (b)-(c).) At least one party demanding a jury trial on each side of a civil case must pay a nonrefundable jury fee on or before the date scheduled for the initial case management conference in the action. (See CCP § 631(b)-(c).) Failure to timely pay such fee constitutes a waiver of a trial by jury. (See id. at (f)(5).)

The court may in its discretion upon just terms grant relief and permit trial by jury despite prior waiver. (See id. at (g).) The right to trial by jury is co