California, United States of America
The following excerpt is from Himelsein Mandel Fund Mgmt., LLC v. Fortress Inv. Grp. LLC, B281210 (Cal. App. 2019):
Denial of the right to jury trial is a structural error and is reversible per se. Harmless error analysis is inapplicable, and there is no need to demonstrate prejudice. (People v. Collins (2001) 26 Cal.4th 297, 313.) "[W]here a case improperly is tried to the court rather than to a jury, there is no opportunity meaningfully to assess the outcome that would have ensued in the absence of the error." (Ibid.) We cannot say whether a jury would have decided the case the same or differently, so the error "falls within that class requiring automatic reversal because its effects are '"immeasurable"' and '"def[y] analysis by 'harmless-error' standards."'" (Sandquist, supra, 1 Cal.5th at p. 261.)
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