Southern Pacific Transportation Co. v. Superior Court

Opinion

BROWN (H. C.), Acting P. J.

This petition for a writ of prohibition is directed to an order of the Superior Court of Solano County permitting a jury trial in a suit for damages brought under Code of Civil Procedure section 871.1 et seq. by a good faith improver of land owned by petitioner. Real parties filed a complaint alleging that they occupied Southern Pacific property along the Vallejo waterfront for many years and that they made land-fill improvements in good faith belief that they owned the land. Real parties’ action was brought pursuant to Code of Civil Procedure section 871.1 et seq., which permits damages and/or other relief to persons who, in good faith, improve property owned by others. Real parties’ motion for a jury trial was granted by the Superior Court of Solano County. A writ application by petitioner/defendant, seeking to prohibit trial by a jury, is now before us. The sole issue is the propriety of the granting of the jury trial. Prohibition is the proper proceeding to determine that issue. (See

Pacific Tel. & Tel. Co.

v.

Superior Court,

265 Cal.App.2d 370 [72 Cal.Rptr. 177].)

Petitioner contends that the good faith improver action originated in courts in equity and that the right to a jury trial therefore does not exist. Real parties assert that in an earlier action petitioner obtained a judgment quieting title to the land in question, and argue that the sole issue now is one of damages,

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an issue triable to a jury.

This is a case of first impression. No controlling appellate case has been presented to us, nor do we find one. We have concluded,

[436]

based on the general principles governing the right to a jury trial in California and the clear intent of the Legislature in enacting Code of Civil Procedure section 871.1 et seq., that the petition prohibiting the jury trial should be granted.

The right to a jury trial is guaranteed by the California Constitution, article I, section 7. This right is that existing at common law at the time the Constitution was adopted. Consequently, the juiy. trial is a matter of right in a civil action at law, but not in equity.