The California Court of Appeals for the First Appellate District has upheld the right to a jury trial in California even if the contract at issue proclaims a waiver of the right to a jury trial before a dispute ever arises.

In Rincon EV Realty LLC v. CP III Rincon Towers, Inc., the Appellate Court determined that a choice of New York law and a jury waiver in a construction project financing agreement were not enough to overcome California’s fundamental policy against pre-dispute contractual waivers of the right to a jury trial. The Court determined that under California law, the right to jury trial is “inviolate” and may only be waived in six different scenarios, which all apply only after a lawsuit is filed. Therefore, any pre-dispute agreement specifying that any lawsuit between the contracting parties will be adjudicated in a court trial, rather than a jury trial, is unenforceable.

Did you waive the right to a jury trial when you signed that agreement that says you did? Probably not, but check with your legal counsel.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.