I have not deposited jury fees and the case management conference has now passed by several months, it was in January.
Los Angeles, CA |
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?
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.
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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.
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