California, United States of America
The following excerpt is from Mitchell v. GigOptix, LLC, H036131 (Cal. App. 2011):
"In exercising discretion, a trial court may consider delay in rescheduling the trial for jury, lack of funds, timeliness of the request and prejudice to all the litigants. [Citation.]" (McIntosh v. Bowman (1984) 151 Cal.App.3d 357, 363.) " 'It is then reasonable to require a showing of actual prejudice on the record to overcome the presumption that a fair trial was had and prejudice will not be presumed from the fact that trial was to the court or to a jury.' [Citation.] Prejudice by a nonjury trial cannot be presumed; on the contrary, it is presumed that the party had the benefit of a fair and impartial trial as contemplated by the Constitution. [Citation.]" (Ibid.)
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