This Tentative Ruling is made by Judge Frank Roesch Defendant Alco Iron & Metal Co. moves to strike the jury trial demand from the Complaint filed in this action by plaintiff Evelio Hernandez seeking civil penalties under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.). Hernandez opposes the motion.
Alco heavily relies on the California Supreme Court's recent decision in Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, which held that parties have no statutory or constitutional right to jury trial in actions brought under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200 et seq.) and the False Advertising Law ("FAL") (id. §§ 17500 et seq.).
The Supreme Court summarized the basic rules for the constitutional right to jury trial as follows: "as a general matter the California Constitution affords a right to a jury trial in common law actions at law that were triable by a jury in 1850, but no
Hearing Date
April 14, 2021
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This Tentative Ruling is made by Judge Frank Roesch Defendant Alco Iron & Metal Co. moves to strike the jury trial demand from the Complaint filed in this action by plaintiff Evelio Hernandez seeking civil penalties under the Labor Code Private Attorneys General Act of 2004 ("PAGA") (Lab. Code §§ 2698 et seq.). Hernandez opposes the motion.
Alco heavily relies on the California Supreme Court's recent decision in Nationwide Biweekly Administration, Inc. v. Superior Court (2020) 9 Cal.5th 279, which held that parties have no statutory or constitutional right to jury trial in actions brought under the Unfair Competition Law ("UCL") (Bus. & Prof. Code §§ 17200 et seq.) and the False Advertising Law ("FAL") (id. §§ 17500 et seq.).
The Supreme Court summarized the basic rules for the constitutional right to jury trial as follows: "as a general matter the California Constitution affords a right to a jury trial in common law actions at law that were triable by a jury in 1850, but no