Orange County Water District v. Alcoa Global Fasteners, Inc.

Trial court did not violate the parties’ right to a jury trial when it bifurcated a trial in a case involving mixed legal and equitable claims, trying the equitable claims first—after which it ruled plaintiff had not proven causation, thus precluding legal as well as equitable claims.  This decision upholds a trial court’s decision to…

Shaw v. Superior Court

A trial court’s order denying a party’s demand for a jury trial is reviewable before trial by petition for a writ of mandate.  Overruling a line of old authority, culminating in Nessbit v. Superior Court (1931) 214 Cal. 1, this decision holds that a trial court’s order denying a party’s demand for a jury trial…

Shanks v. Department of Transportation

Juror was discharged and replaced too hastily without adequate investigation, after two fellow jurors complained that she did not participate in the first 90 minutes of deliberations.  A trial court may discharge a juror on good cause shown that the juror is unable to perform his duty, but the inability to perform must appear on…

Stueve v. Buchalter Nemer

For purposes of the five-year deadline for bringing a civil case to trial, trial “commences” when a jury is impaneled and sworn—even if the voir dire is not concluded within the five-year period.  Trial commences for purposes of the five-year deadline for bringing a civil case to trial when a jury is impaneled and sworn. …

Ryan v. Crown Castle NG Networks, Inc.

Plaintiff was entitled to a new trial because the jury’s damages award did not match the cause of action on which the jury found liability.  The trial court erred in denying plaintiff’s motion for a new trial on inadequate damages.  The trial court erroneously failed to weigh the evidence as a 13th juror, thinking it…

United States Securities & Exchange Commission v. Jensen

The SEC may sue for violation of its Rule 13a14, which requires CEOs and CFOs to personally verify the accuracy of financial reports, if the verification is false, as well as if no verification is provided.  Once any party has properly demanded a jury trial in a federal case, the demand may be withdrawn under…

Bouldin v. Dietz

District court judge did not err by reconvening jury for further deliberations to correct an error in the verdicts, since he did so within minutes of discharging them and questioned them to make sure they had not been influenced by outside sources.  A federal judge has inherent power to rescind a jury discharge order and…