Q: Can my request for a jury trial in an eviction case be overridden in California?
I am involved in an eviction case in California and have filed a request for a jury trial. I am concerned that my request could be overridden by the judge or the landlord. Can the court or landlord legally prevent me from having a jury trial even after I've filed the request?
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- California
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- Answered
A:
In California, your constitutional right to a jury trial in an eviction (unlawful detainer) case is protected, as long as you follow the proper procedures and make a timely request. The court cannot override your right to a jury trial if you've properly demanded one and paid the required jury fees or obtained a fee waiver.
However, you must meet specific deadlines and requirements. You'll need to file your jury demand at least five days before the trial date, pay the jury fees (or get them waived if you qualify), and file your answer to the eviction complaint on time. If you miss these deadlines or fail to follow the correct procedures, you might lose your right to a jury trial.
Your landlord cannot prevent you from having a jury trial if you've properly requested one. The only way you could lose this right is if you fail to appear at trial, don't pay the required fees (without getting a waiver), or explicitly waive your right to a jury trial. If you're concerned about maintaining your jury trial rights, keep detailed records of all your filings and payments, and make sure to attend all court appearances.
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