Calif. Won t Waive Juries Goodbye

A contract that waived the right to trial by jury is unenforceable, ruled the California Supreme. Including an arbitration provision seeking to avoid court entirely, however, would be enforceable.

Why This Is Important . . .

California is one of many states whose constitution grants jury rights in civil cases. A law implementing those right sets out certain exceptions and contracting away those rights is not one of them. Since only the legislature can create exceptions, contract jury waivers are not enforceable.