Chen v. Lin

Filed 11/14/19

CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

GUO ZHANG CHEN, ) No. BV 033055 ) Plaintiff and Respondent, ) Pasadena Trial Court ) v. ) No. 19PDUD00385 ) JANE LIN, ) ) Defendant and Appellant. ) OPINION )

APPEAL from a judgment of the Superior Court of Los Angeles County, William D. Dodson, Commissioner. Judgment reversed. Steven W. Kerekes for Plaintiff and Respondent Guo Zhang Chen. Jane Lin, in pro. per., for Defendant and Appellant. * * *

1

INTRODUCTION Can a tenant in an eviction action be deprived of the right to jury for failing to comply with a court order requiring preparation of proposed jury instructions and other trial documents and not “meeting and conferring” with the landlord’s lawyer? We hold the answer is no. Code of Civil Procedure section 631, subdivision (f), sets forth the exclusive grounds for a jury waiver, and failure to prepare for trial is not listed. Showing up for trial unprepared may subject a party to monetary sanctions, but it does not constitute a waiver of the right to jury, and a court has no power under these circumstances to refuse to conduct a jury trial. The tenant here, defendant and appellant Jane Lin, was sued to evict her from her home by the landlord, plaintiff and respondent Guo Zhang Chen. In her capacity as a self-represented litigant, defendant filed a demand for jury trial, but appeared on the trial date without complying with a Los Angeles County Superior Court Civil Division unlawful detainer standing order. The court found “defendant had waived jury by not preparing for a jury trial,” and following a court trial, judgment was entered against her and possession of the premises was awarded to plaintiff. Because the court exceeded its authority in denying defendant’s right to be tried by a jury, we reverse the judgment. BACKGROUND Plaintiff filed the action on February 8, 2019,1 alleging he owned the property in question, he served defendant with a 30-day notice to quit, and defendant remained in possession without complying with the notice. On February 15, defendant filed an answer. She entered a general denial of the complaint’s allegations and asserted affirmative defenses, including retaliatory eviction and breach of the warranty of habitability. Also on February 15, defendant filed a demand for a jury trial, stating therein, “Please take notice that defendant Jane Lin hereby demands a jury trial in this action.” On February 20, plaintiff filed a request to set the case for trial and, on the same date, the case was calendared for a non-jury trial to start on March 12.

1 All further references to dates are to the year 2019 unless otherwise specified.