Jury Trial Waivers

Summary

Contracting parties will often agree to
waive a trial by jury in event of a dispute

California's Supreme Court held that contractual waivers are invalid under California law (2005)

Contractual Waivers Invalid Under California Law

Grafton Partners v Superior Court (CA Sup 2005)

California Code of Civil Procedure § 631 controls

Overturns 1991 intermediate appellate court decision

Unanimous decision based on California constitutional principles

Acknowledges that most other jurisdictions allow for contractual waiver provided waiver is knowing and voluntary
See footnote 12 of the opinion

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