Defendant Files a Demand For Jury Trial, Now What?
Unfortunately, defendants have the right to demand jury trials.
The main purpose is to delay the case and cause the landlord to be held captive by the legal system. Know that a jury trial typically takes much longer to set/try, more expensive to prosecute, and some Defendants’ attorneys and eviction defense firms use the demand of a jury trial as leverage to make unreasonable settlement demands.
Pursuant to the new local rules and subsequent trial readiness orders, we need to be prepared for jury trial on the day set for trial. Jury Trial preparation includes: jury instructions, trial brief, witness lists, preparation and questions, exhibit lists, motions in limine, and preparation of jury selection.
Each day the jury trial is billed at a daily rate and it is estimated that the jury trial will last approximately two to three days. Therefore, you can see that it could potentially be very costly to you.
These are specific organizations that represent defendants and are recognized for demanding jury trials: The Shriver Project, BASTA, EDN, Legal Aid, etc. Please feel free to contact us to acquire further information regarding the process and fees related to Jury Trials.
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You have a tenant who refuses to pay rent. You have served a 3-Day Notice to Pay Rent or Quit which has expired. Your attorney files an unlawful detainer case in the Los Angeles Superior Court and you are then notified that a firm called BASTA files an answer to the complaint alleging that “You have breached the Warranty of Habitability or that your action is a Retaliatory Eviction or some other ridiculous defense, and this BASTA is demanding a jury trial. Now what? Read More…
We have begun to call the Southern California Eviction Courts the Wild, Wild West. Why? Because on a contested case, you never know what courtroom you will be sent to and you never know how the judge is going to decide your case. For every contested case in which we have similar fact scenarios, we can have different rulings from different judges. Read More…