I have not deposited jury fees and the case management conference has now passed by several months, it was in January. I just became aware that the fees were due before the hearing. What can I do to avoid waiving jury trial?
Lawsuit / Dispute Attorney
The new law can be a trap for those who are not aware of it. First, I would proceed to post the jury fees right away. Second, I would contact the opposing counsel (party), and ask them to confirm that they will not oppose your exercising your right to a jury trial notwithstanding the fact that the jury fees were posted late. Give them about 7 days to respond. If they do not respond by agreeing that you can have a jury file, you would then need to file a motion to set aside any waiver of your right to a jury trial, but you would need to file that motion immediately. The earlier you bring it after sending the opposing side the above-described letter, the greater your chance would be for the motion to be granted.
THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed to practice in the State of California. There is no implied or actual attorney-client relationship arising from this educational exchange. Moreover, the facts provided by you were not sufficient to allow Mr. Mann to advise you specifically regarding what you should or should not do. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Mann is under no obligation to answer subsequent emails or phone calls related to this matter, or to take any action whatsoever.
1 found this helpful
2 lawyers agree
Employment / Labor Attorney
The new law is a real trap for the unwary. Try to get a stipulation from opposing counsel and then with or without that stipulation, make a motion to set aside the default under CCP section 473. Given the recent nature of the new law, you will likely be granted your motion. If you delay, the more you delay, the more likely you will be held to your default.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.