Unlawful Detainer: No Jury Trial Waiver for Failure to Deposit Court Ordered Damages

  There is a right to a jury trial in an unlawful detainer action, unless waived. A waiver may occur pursuant to Code of Civil Procedure section 631 only by:

1) Failure to timely demand a jury trial;
2) Failure to appear at trial;
3) By written consent;
4) By oral consent in open court, entered in the minutes;
5) By failing to announce that a jury is required, at the time the cause is first set for trial, if it is set upon notice or stipulation, or within five days after notice of setting if it is set without notice or stipulation;
6) By failing to pay jury fees as required by statute. Continue reading