California Supreme Court Watch

#22-117 Winick v. Noble LA Events, S273374. (B305697; nonpublished opinion; Los Angeles County Superior Court; BC569126.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in TriCoast Builders, Inc. v. Fonnegra, S273368 (#22-108), which 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; briefing deferred: 4/27/2022

Dismissed and remanded to CA 2/7: 4/7/2024

See the Court of Appeal Opinion.