Is a plaintiff's right to a trial by jury in a personal injury action "jurisdictional"?

California, United States of America


The following excerpt is from Smith v. Covell, 100 Cal.App.3d 947, 161 Cal.Rptr. 377 (Cal. App. 1980):

The right to a trial by jury in a personal injury action is "jurisdictional." In Deward v. Clough, 245 Cal.App.2d 439, 444, 54 Cal.Rptr. 68, 72, the court stated:

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for granting a preliminary injunction in a personal injury action against a plaintiff in an anti-SLAPP action? (California, United States of America)
In a personal injury action, does plaintiff have to disclose in his witness exchange list or, in response to a request at a deposition, the substance of the facts and opinions to which the witness will testify at trial? (California, United States of America)
In a personal injury action, does plaintiff have any grounds to challenge the evidentiary rulings of the trial court? (California, United States of America)
In a personal injury action, in what circumstances will the trial court allow the defense counsel to comment on the conduct of plaintiffs' counsel? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
In a personal injury case, can a plaintiff hire an attorney to prosecute the personal injury suit? (California, United States of America)
Does a declaratory relief action have to be tried before the trial of a personal injury action? (California, United States of America)
Does a court have jurisdiction to award costs and attorney fees in a personal injury action where the substantive demand is within the jurisdiction of a municipal court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.