Waiver

A plaintiff insured waives the attorney-client privilege as to fee agreements, time sheets and the like by suing the insurer for bad faith and claiming Brandt fees as damages.   A trial court may, but is not required to, bifurcate trial, leaving Brandt fees for a separate phase after the jury has determined liability for bad faith and allowing discovery of… Read More

When a party has waived the right to a jury trial by one of the acts or omissions listed in CCP 631, it may still seek relief from that waiver under CCP 631(g).  A trial court exercises discretion in ruling on such a motion and need not grant the motion merely because granting the motion will not cause hardship to… Read More

If the tenant surrenders possession, an unlawful detainer action is converted into a normal civil action.  At that point, but not before, the tenant can file a cross-complaint.  This decision holds that the tenant does not waive or forfeit cross-claims against the landlord by not pleading them initially in response to the unlawful detainer complaint or by surrendering possession before… Read More

A forum selection clause in defendant corporation's Delaware by-laws selecting the Delaware Chancery Court as the forum for any shareholder disputes was unenforceable in California state court because there is no right to a jury trial in Delaware Chancery Court so the forum selection clause operated as a pre-suit waiver of the constitutional right to a jury trial which cannot… Read More

Plaintiff filed a 1983 action against a police officer claiming that he had violated his federal civil rights by killing a man who was a father figure to him.  On the defendant's motion, the district court dismissed the action finding that the plaintiff lacked Article III standing because plaintiff did not allege any not allege amy custodial, biological, or legal… Read More

Amato violated Riverside County's local rule about filing jointly prepared pretrial statement  witness and exhibit lists, and jury instructions the first day of a jury trial or before.  As a result, the trial court held that Amato had waived his right to a jury trial, and after hearing his evidence, granted a motion for judgment under CCP 631.8.  This decision… Read More

Defendant requested a jury and posted jury fees but withdrew his jury request the first day of trial.  Plaintiff then demanded a jury but hadn't posted jury fees.  The trial court found plaintiff had waived the right to a jury trial and it denied relief from that waiver.  Plaintiff did not immediately seek a writ to challenge the waiver ruling.… Read More

Plaintiff waived/forfeited her right to disqualify the trial judge on the ground she had worked as an attorney for the defendant county within the last four years because plaintiff did not object or request the judge's disqualification in response to the judge's disclosure of her prior employment at the beginning of a hearing on the merits of plaintiff's petition for… Read More