Wave goodbye? Not!
Lease or contract provisions commonly state: “In the event of litigation between them, the parties hereto expressly waive trial by jury.”
Now, three years later, there is a dispute, and you want a jury. Are you stuck with that waiver? Nope.
The California Supreme Court has ruled that: “…pre-contract jury waivers are unenforceable.”
You can still lose a jury by agreeing to Alternative Dispute Resolution like mediation or arbitration. But, once litigation commences, there is an absolute right to demand a jury.
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