Does section 592 of the California Code of Civil Procedure provide an independent basis for a right to a jury trial?

California, United States of America


The following excerpt is from Franchise Tax Bd. v. Surperior Court of the City, Ct.App. 1/5 A122723, S176943 (Cal. 2011):

3. Code of Civil Procedure section 592 states: "In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury . . . ." This statutory jury trial provision, like our state constitutional guarantee, "is historically based and does not expand the jury trial right beyond its common law scope. [Citations.] Accordingly, section 592 provides no independent basis for a right to a jury . . . ." (Corder v. Corder, supra, 41 Cal.4th at p. 656.)

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