California Supreme Court Watch

#22-108 TriCoast Builders, Inc. v. Fonnegra, S273368. (B303300; 74 Cal.App.5th 239; Los Angeles County Superior Court; PC056615.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issues: (1) When a trial court denies a request for relief from a jury waiver under Code of Civil Procedure section 631, and the losing party does not seek writ review but instead appeals from an adverse judgment after a bench trial, must the appellant show “actual prejudice” when challenging the order on appeal? (2) Does a trial court abuse its discretion when it denies a request for relief from a jury trial waiver without a showing that granting the request will prejudice the opposing party or the trial court?

Review granted: 4/27/2022

Case fully briefed: 9/01/2022

See the Court of Appeal Opinion.