Does a failure to exhaust issue need to be a jury issue?
California, United States of America
The following excerpt is from Palma v. Rite Aid Corp., B280445 (Cal. App. 2018):
Appellant challenges the trial court's ruling that the exhaustion issue was a jury issue. Appellant cites Kim v. Konad USA Distribution, Inc. (2014) 226 Cal.App.4th 1336, 1346, for the proposition that failure-to-exhaust issues do not involve triable issues of fact and should be resolved by dispositive motion unless a statute of limitations issue exists.
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