Grafton Partners L.P. v. Superior Court

Opinion

GEORGE, C. J.

The present case concerns what is principally a question of statutory interpretation. At issue is Code of Civil Procedure section 631,1 a provision prescribing the six means by which parties to a civil lawsuit may waive their right to have their disputes adjudicated in a jury trial rather than in a court trial. Petitioners contend a contractual agreement that is entered into prior to any dispute arising between the contracting parties is not one of the means authorized by statute. In consequence, they claim, their predispute agreement that any lawsuit between them and real…