The First District Court of Appeal has challenged the long-held notion that a contractual pre-dispute jury waiver in favor of a court trial is enforceable under California law.
In Grafton Partners LP. v. Superior Court( PricewaterhouseCoopers LLP), 03 C.D.O.S. 1167, the court ruled on Feb. 6 that pre-dispute jury waivers in the judicial forum are rendered unenforceable by Article I, Section 16 of the California Constitution because only the Legislature may prescribe the methods for waiving a civil jury.
