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Predispute Contractual Waivers of Jury Trial

By Mark Mengelberg
January 31, 2007

Predispute waivers of jury trials are unenforceable under California law, subject to certain limited exceptions. While the recent California Supreme Court case of Grafton Partners v. Supreme Court, 36 Cal. 4th 944 (2005), invalidated such waivers, there remain two ways that parties can agree, predispute, to avoid a jury trial in commercial real property related transactions.

The Grafton Case

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