Effective January 1, 2016, AB 555 makes permanent the voluntary expedited jury trial procedures set forth in CCP § 630.01 et seq. These procedures were added to the Code of Civil Procedure in 2011 to reduce the cost of litigating lesser value cases, but were scheduled for automatic repeal on January 1, 2016. AB 555 re-authorizes the 2011 provisions, with limited amendment. Of note, the time limit per party for trial has been expanded from three to five hours, but unlike former law, is inclusive of jury selection. All other provisions remain substantially the same, including:
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The parties must agree to invoke the expedited trial procedures;
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Trial is heard by a jury of no more than eight jurors, with six votes needed for a verdict; and
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The parties waive their rights to appeal, move for a directed verdict or make post-trial motions, with limited exceptions.
Provisions regarding high/low agreements – those specifying a minimum damages guarantee for plaintiffs and a maximum damages award for which that the defendant may be liable, regardless of the ultimate jury verdict – were also reenacted.
While leaving the voluntary expedited trial process relatively unchanged, AB 555 adds CCP § 630.20 et seq., making mandatory expedited jury trials in limited civil cases (where the amount in controversy does not exceed $25,000). The procedures for mandatory expedited trial are similar to those for voluntary expedited trial, with one important exception: verdicts in mandatory expedited jury trials may be appealed. One additional minor, but curious, deviation is for mandatory expedited jury trials, each side is permitted four peremptory challenges, instead of the three permitted under the voluntary process.
Although “mandatory” for limited civil cases, the law provides nine exceptions to the expedited trial requirement, carving out a broad range of cases that would otherwise be subject to the mandate. In any of the following circumstances, either party may choose to “opt-out” of the expedited jury trial process:
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Punitive damages are sought;
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Damages in excess of insurance policy limits are sought;
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A party's insurer is providing a legal defense subject to a reservation of rights;
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Case involves a claim reportable to a governmental entity;
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Case involves a claim of moral turpitude that may affect an individual’s professional licensing;
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Case involves claims of intentional conduct;
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Case has been reclassified as unlimited pursuant to Section 403.020;
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Complaint contains a demand for attorney's fees, unless they are sought pursuant to a contract;
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The court finds good cause exists for the action not to require an expedited trial.
Additionally, mandatory expedited jury trials are not available in forcible retainer or unlawful detainer actions.
The provisions are effective until January, 2019, unless otherwise extended by the Legislature.
